IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 843 of 2006()
1. LEELARAJAN, W/O. RAJAN,
... Petitioner
Vs
1. RADHAKRISHNAN, S/O. BALA KRISHNAN,
... Respondent
2. BENNY, S/O. VARGHESE,
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.M.V.THAMBAN
For Respondent :SRI.RAJAN P KALLIYATH(B/O)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/01/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.843 OF 2006
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Dated this the 14th day of January, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Thrissur in OP(MV)No.3464/2001. The
claimant, a 50 year old lady, sustained injuries in a road
accident and she has been awarded a compensation of
Rs.30,500/=. Dissatisfied with the same, the claimant has
come up in appeal.
2. Heard the learned counsel for the appellant as well
as the insurance company. A perusal of the award would
make it clear that the claimant had sustained compound
dislocation proximal I.P joint and toe, fracture proxmal
phalanx third toe of right foot and fracture of the nasal
bone. She was subjected to wound debridement and
suturing also was done. She was also under plaster cast. She
was treated in Aswini Hospital, Thrissur and Elite Mission
Hospital, Koorkkanchery and initially inpatient treatment
was done for a period of 3 days. On this basis, the Tribunal
started assessing the compensation. The Tribunal did not
accept the disability certificate of 6% holding that neither
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the claimant nor any person had been examined before the
court. But the Tribunal by its experience approximately
assessed the disability at 2% and awarded compensation for
loss of amenities and enjoyment.
3. I feel the following entitlement also can be given
to the claimant. When 2% is the disability and Rs.1,500/=
is the income, by applying the multiplier of 13 as reported
in Sarla Verma v. Delhi Transport Corporation (2009 AC
1298), the disability compensation would come to Rs.4,680/=.
Over and above this, Rs.5,000/= can be awarded for loss of
amenities considering the age, nature of the fracture and
also the factum that she is a house wife. I do not want to
disturb the finding of compensation for discomfiture by
Rs.2,000/= thereby making a total of Rs.11,680/= of which
Rs.8,000/= is awarded and therefore the claimant will be
entitled to an additional compensation of Rs.3,680/= under
that head. The Tribunal has only awarded Rs.7,000/=
towards compensation for pain and sufferings. Considering
the nature of the fracture, dislocation, fracture of the nasal
bone and other circumstances, I am inclined to enhance
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that compensation by Rs. 3,000/= making it a total of
Rs.6,680/=.
Therefore, the MACA is partly allowed and the claimant
is awarded an additional compensation of Rs.6,680/= with
7% interest. The United India Insurance Company is directed
to deposit the said amount within a period of 60 days from
the date of receipt of a copy of this judgment.
M.N. KRISHNAN, JUDGE
cl
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