IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 856 of 2001()
1. N.V.JOHNY
... Petitioner
Vs
1. ANIMON KURIAKOSE
... Respondent
For Petitioner :SRI.ANIL S.RAJ
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :15/02/2008
O R D E R
J.B. Koshy & K.Hema, JJ.
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M.F.A. No. 856 of 2001
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Dated this the 15th day of February, 2008
Judgment
Koshy,J.
Appellant/Claimant, at the age of 40, met with a motor
accident by which he sustained fracture to tibia and fibula. He
produced a medical certificate claiming that he sustained 15%
disability. The tribunal accepted the above, but, tribunal has
calculated compensation taking 10 as the multiplier. It is true that
15 is the multiplier for a person of over 40 years as per the second
schedule, but, second schedule provides only a guidline. In this
case, the tribunal has granted compensation generally in other
heads. He claimed Rs.60,000/- for medical expenses, Rs.10,000/-
for attendant expenses, Rs.10,000/- for extra nourishment and
Rs.5,000/- for expenses incurred for transportation to hospital. The
tribunal awarded Rs.1,05,000/- towards medical expenses. Apart
from the above, Rs.13,000/- was awarded for extra nourishment,
Rs.5,000/- towards transportation to hospital and a further amount
of Rs.2,000/- was awarded for attendant expenses. Another
Rs.10,000/- was awarded for disfigurement and total amount of
M.F.A.No. 856/2001 2
compensation for a tibia and fibula fracture was Rs.2,01,000/- with
12% interest from the date of application till its deposit. The
amount awarded is excessive, but, the insurance company did not
file any appeal. We see no ground to interfere in the award at the
instance of the claimant. Appeal is dismissed.
J.B.Koshy
Judge
K. Hema
Judge
vaa
M.F.A.No. 856/2001 3
J.B. KOSHY
AND
K.HEMA ,JJ.
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M.F.A. No. 856 of 2001
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Judgment
Dated:15th February, 2008
