High Court Kerala High Court

Michael Antony vs Haridasan on 13 June, 2008

Kerala High Court
Michael Antony vs Haridasan on 13 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 207 of 2003(D)


1. MICHAEL ANTONY, S/O. ANTONY,
                      ...  Petitioner

                        Vs



1. HARIDASAN, S/O. KARUPPAN,
                       ...       Respondent

2. K.T.KUNHABDULLA,

3. NEW INDIA ASSURANCE COMPANY LTD.,

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  :SRI.M.M.HUSAIN

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :13/06/2008

 O R D E R
                  J.B.Koshy & P.N.Ravindran, JJ.
                =====================
                       M.F.A.No.207 of 2003
                =====================

             Dated this the 13th day of June, 2008.

                             JUDGMENT

Koshy,J.

The claimant – appellant sustained injuries in a motor

accident on 10.1.1995. Against a claim of Rs.25,000/-, only

Rs.1,600/- was awarded by the Tribunal. Only the quantum of

compensation is disputed in this appeal. As per Ext.A16 wound

certificate, the following injuries are sustained by him.

“Abrasion right arm 2 x 1 cm abrasion right

forehead 2 x 1 cm and contusion right knee 2 x 1

cm.”

He was admitted and treated as an inpatient in the hospital for

six days. It is true that there was no permanent disability. But

considering the fact that he was an inpatient for six days and for

the period of rest other than the inpatient treatment period, for

loss of actual earning, medical treatment and pain and suffering,

we are of the opinion that the Tribunal ought to have awarded

MFA 207/03 -: 2 :-

Rs.3,500/- more over and above the amount of Rs.1,600/-

awarded by the Tribunal. The above amount of Rs.3,500/- should

be deposited by the third respondent – Insurance Company with

7.5% interest from the date of application till its deposit. On

deposit of the amount, the appellant is allowed to withdraw the

same.

The appeal is party allowed.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

ess 14/6