IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1199 of 2001(D)
1. M.SUNIL KUMAR
... Petitioner
Vs
1. K.KUMARAN
... Respondent
For Petitioner :SRI.V.G.ARUN
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :07/12/2007
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A.No. 1199 of 2001
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Dated this the 7th day of December, 2007
Judgment
Koshy,J.
Appellant/Claimant sustained injuries in a motor
accident on 8.8.1994. He was travelling in an autorickshaw driven
by the second respondent. Another autorickshaw driven by the fifth
respondent hit the same. The autorickshaw driven by the second
respondent was insured by the third respondent insurance company
and the autorickshaw driven by the fifth respondent was insured by
the sixth respondent insurance company. He claimed a
compensation of Rs.2,50,000/- as compensation. Tribunal has
awarded only Rs.14,000/- as compensation. The tribunal found that
the accident occurred due to the negligence of both drivers and
third and sixth respondents insurance companies were directed to
deposit the amount awarded. Only quantum of compensation is
disputed in this appeal.
2. As a result of accident, appellant sustained the
following injuries:
M.F.A.No.1199/2001 2
“1. Fracture shaft of femur;
2. Loss of two teeth;
3. Fracture of one tooth;
4. Abrasions and lacerated injuries.”
Ext.A3 is the copy of the wound certificate. Ext.A4 is the index card
which shows that he was admitted in the Medical College Hospital
on 8.8.1994 as an inpatient and he was discharged on 11.9.1994.
He was asked to follow up for review after 11.10.1994. He was put
on plaster cast after treated with tibial traction. The tribunal did not
grant any compensation for disability. Admittedly, there was
fracture of shaft of femur. Loss of teeth was not shown in the
wound certificate. Therefore, tribunal did not accept the same. He
was aged only 17 years at the time of accident. Fracture of the
shaft of femur will have its own repercussions throughout his life.
The tribunal has awarded only Rs.1,500/- for loss of amenities in
life. Since he has not produced any certificate of permanent
disability, we are of the opinion that no compensation can be
granted for permanent disability as such, but, for loss of amenities
and enjoyment in life and for actual loss of earnings, future medical
expenses and consequences of disability due to fracture, we are of
the opinion that an amount of Rs.7,500/- ought to have been
granted instead of Rs.1,500/- granted by the tribunal. Therefore,
M.F.A.No.1199/2001 3
claimant will be entitled to an additional amount of Rs.6,000/-.
Third and sixth respondents are directed to deposit Rs.3,000/- each
with 7.5% interest from the date of application till its deposit over
and above the compensation awarded by the tribunal. The award is
modified accordingly. Appeal is allowed to the above extent only.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No.1199/2001 4
J.B. KOSHY AND
K.HEMA,JJ.
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M.F.A. No. 1199 of 2001
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Judgment
Dated:7th December, 2007