IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1251 of 2004()
1. MOHANAN, S/O. KRISHNAPILLAI,
... Petitioner
Vs
1. V.H.SHAJI, S/O. HAMEED,
... Respondent
2. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.SOJAN MICHEAL
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/12/2008
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1251 OF 2004
---------------------------------
Dated this the 3rd day of December, 2008
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Thodupuzha in O.P.(MV) No. 187/2001.
The claimant, while driving a mini lorry, sustained injuries on
account of a collision with another mini lorry. He was treated as
inpatient for 16 days and the treatment records revealed that he
had multiple abrasions in the right forearm, right leg and the eye
brow. He was subjected to arthroscopy and it was found that he
had a posterior cruciate ligament injury and lateral meniscus tear.
Posterior ligament repair was done and he was discharged on
18.12.2000. The accident took place in the year 2000. The
claimant was a driver by profession. There is some force in the
contention of the learned counsel for the appellant that his earning
has to be fixed at a higher rate. I fix his income at Rs. 2,500/-.
Certainly on account of ligament injury with meniscus tear, the
claimant would have been deprived from doing any work for four
months and therefore towards loss of earning, I award an additional
compensation of Rs. 2,000/-. It is true that no disability certificate
M.A.C.A. 1251/2004
-2-
is produced. But when a person sustains injury that too a driver by
profession, it has to be stated that it will result in excruciating pain
and also it will restrict the movement. Especially being a driver by
profession it will cause him considerable hardship. So certainly he
would have suffered temporary disability as well as loss of amenities
and enjoyment in life. Towards the same I award an amount of Rs.
5,000/-. Therefore the claimant is entitled to get an additional
compensation of Rs. 7,000/-.
In the result, the M.A.C.A is partly allowed and the claimant is
awarded an additional compensation of Rs. 7,000/- with 6% interest
on the said sum from the date of petition till realisation. The
Insurance Company is directed to deposit the same within 60 days
from the date of receipt of copy of the judgment.
M.N. KRISHNAN,JUDGE
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