IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1967 of 2008()
1. M.K.JOHNY, AGED 53 YEARS,
... Petitioner
Vs
1. SEBY, S/O.RAPPAI, MUTTICHUKKARAN HOUSE,
... Respondent
2. MINI, W/O.SEBY, PALAKKAL HOUSE,
3. UNITED INDIA INSURANCE CO.LTD, ORISON
For Petitioner :SRI.SHEJI P.ABRAHAM
For Respondent :SMT.RAJI T.BHASKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/01/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1967 OF 2008
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Dated this the 29th day of January, 2009
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ottappalam in O.P.(MV)522/06.
The claimant, a 51 year old mechanic sustained injuries in a
road accident and the Tribunal has awarded a total
compensation of Rs.40,086/- with 8% interest and the
insurance company is liable to pay the amount. It is against
that decision the claimant has come up in appeal for
enhancement.
2. Heard the counsel for the appellant as well as the
insurance company. A perusal of the award would reveal
that the claimant had sustained injuries on the occipital
region besides fracture of the ribs 8 to 11 on the right side.
He was initially treated in the Amala Institute of Medical
Science from 19.2.06 to 24.2.06 and thereafter he was
treated in the West Fort Hi-Tech Hospital. The documents
produced reveal that he had developed post traumatic
M.A.C.A. 1967 OF 2008
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vertigo and post traumatic stress disorder which needed
treatment for three months. Medical bills worth Rs.17,183/-
was produced. The disability certificate was issued by a
doctor of another hospital and it revealed 5% disability. The
Tribunal took it as 2%. He was a person who was employed
abroad and at the time of the accident he was working in an
automobile workshop. I feel that without any difficulty
considering the year of the accident, the age of the person
and experience Rs.3,000/- can be taken as his income.
Similarly, on account of the fracture of the ribs 8 to 11
coupled with some difficulty which developed into post
traumatic vertigo I am inclined to fix the disability
percentage at 4%. When it is calculated at an annual
income of Rs.36,000/- taking 4% disability with a multiplier
of 11, the disability compensation would come to
Rs.15,840/- after deducting Rs.6,336/- already paid the
balance will be Rs.9,504/-. Similarly, for pain and suffering
only an amount of Rs.8,000/- is seen awarded. He had
undergone hospitalisation in two hospitals with an injury
M.A.C.A. 1967 OF 2008
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which has affected him very badly in the form of vertigo I
enhance an amount of Rs.2,000/- under that head. For the
loss of earnings, when the income is taken at Rs.3,000/- the
difference will come to Rs.1,200/-. I am inclined to give a
sum of Rs.2,300/- also for loss of amenities and enjoyment
in life which is not seen granted at all. Therefore the
claimant will be entitled to an additional compensation of
Rs.15,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.15,000/- with 8% 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.
M.N. KRISHNAN, JUDGE.
ul/-