IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1293 of 2008()
1. N.BHASKARAN NAIR,S/O.KRISHNAN NAIR,
... Petitioner
Vs
1. K.HAMZA, S/O.KUNHIMOIDEEN,
... Respondent
2. THE ORIENTAL INSURANCE CO. LTD,
3. MUHAMMED OLANGADAN, VELLUVATTIKADU HOUSE
4. THE UNITED INDIA INSURANCE C0.LTD,
For Petitioner :SMT.K.V.RESHMI
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/01/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.1293 OF 2008
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Dated this the 20th day of January, 2010.
J U D G M E N T
This is an appeal preferred against the order of the
Claims Tribunal, Kozhikode in OP(MV)No.1218/2001. The
claimant, a 65 year old retired teacher, while travelling in
a jeep sustained injuries in a road and the Tribunal has
awarded him a compensation of Rs.4,000/= and directed the
Oriental Insurance Company to pay the amount. It is against
that decision, the claimant has come up in appeal for
enhancement.
2. Heard the learned counsel for all. The learned
counsel for the appellant had made available before me all
relevant documents for the purpose of the case. The wound
certificate would reveal that the claimant had sustained a
lacerated wound on the forehead of 4×0.5×0.5cm, two
lacerated wounds on right 1×0.5×0.5cm and an abrasion on
the left knee 1x.5 cm. X-ray of the skull and chest revealed
no bony injury. The police who had visited the hospital to
record the statement had also shown the very same injury
and noted it in the F.I. Statement which is in confirmity
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with the wound certificate.
Considering the fact that the claimant is aged 65 years
and he had sustained an injury on the forehead coupled
with the injuries on both the knees, I feel the compensation
has to be enhanced by Rs.3,000/= and I do so. Therefore,
the appeal is allowed in part and the claimant is awarded an
additional compensation of Rs.3,000/= with 6% interest on
the said sum from the date of the petition till realisation
and the second respondent Oriental Insurance Company is
directed to deposit the said amount within a period of 60
days from the date of receipt of a copy of this judgment.
M.N. KRISHNAN, JUDGE
cl
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