IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 910 of 2006()
1. M.DEVI, AGED 65 YRS, W/O. LATE
... Petitioner
Vs
1. K.T.ALIKUTTY, S/O. IMBCHIMOIDIN,
... Respondent
2. THOMAS JOSEPH,
3. M/S. NATIONAL INSURANCE CO. LTD.,
4. M.RAHULAN, S/O. LATE MR. M.VASU,
5. M.RAGHOOTHAMAN, S/O. LATE MR. M.VASU,
6. RAJENDRAN, S/O. LATE MR. M.VASU,
7. SHEENA, D/O. LATE MR. M.VASU,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SMT.KOCHUMOL KODUVATH
Dated :18/09/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 910 OF 2006
= = = = = = = = = = = = = = =
Dated this the 18h day of September, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)3705/94.
The original claimant, a retired army personnel sustained
injuries in a road accident. He was awarded a compensation
of Rs.9,000/- and the insurance company was directed to
pay the amount and get it reimbursed from the owner. It is
against the decision the claimant has come up in appeal for
enhancement. A perusal of the wound certificate would show
that the claimant has sustained a contusion on the back near
the gluteal region, a lacerated wound on the scalp and other
abrasions. He was treated as an inpatient from 11.2.94 to
14.2.94 in the Primary Health Centre at Koyilandy.
Thereafter he had visited the Medical College Hospital as a
patient and the investigation would reveal that he had
spondylotic changes with L5/S1 and L4-5 with joint arthritis.
It is also stated that there was no bony injury caused by high
M.A.C.A. 910 OF 2006
-:2:-
velocity trauma. The doctor fixed the disability at 8% for
the loss of spinal movements. It is true that the original
claimant who died subsequently had a problem with the
spine injury but it is not established that it was on account of
the injury sustained in the accident. It appears from the
medical evidence available that he had this problem earlier
and most probably when there is a forceful impact on the
gluteal region on a person who is having already a
spondylotic problem with arthritis which means weak bones
certainly it would have caused him problems and it would
have affected his day-today activities. He had undergone
treatment thereafter for some time which indicates pain and
sufferings suffered by him. Therefore taking into
consideration these aspects I am inclined to allow Rs.2,000/-
more towards pain and sufferings and Rs.3,000/- towards
loss of amenities and enjoyment thereby entitling an
additional compensation of Rs.5,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
M.A.C.A. 910 OF 2006
-:3:-
Rs.5,000/- with 7.5% interest on the said sum from the date
of petition till realisation and the insurance company is
directed to deposit the same within a period of sixty days
from the date of receipt of a copy of the judgment. It is also
made clear that the insurance company is entitled to realise
this amount also by way of recovery from the owner of the
vehicle.
M.N. KRISHNAN, JUDGE.
ul/-