IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2231 of 2007()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. T.VASUDEVEN NAMBISSAN, AGED 72 YEARS,
... Respondent
2. RAJAN, S/O GANAPATHY,
3. T.PALANI SWAMI, PREETHI HOUSE,
4. V.K.SANTHOSH, S/O KUNHUMON,
5. K.M.RAVEENDRAN, S/O SANKARANKUTTY NAIR,
6. THE UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.RAJAN P.KALIYATH
For Respondent :SRI.K.P.SREEKUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/06/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.2231 OF 2007
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Dated this the 17th day of June 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Tirur in O.P.(MV)No.14 of 2005. The claimant, an
Advocate Clerk by profession aged 72 years sustained lacerated wounds on
the root of the nose, lacerated wound on the left temporal region, fracture of
nasal bone, etc.. He had also small abrasions on the left knee. He was
treated in the hospital as an out patient. The Tribunal awarded a total
compensation of Rs.26,000/-. Since I am not interfering with the finding on
the question of negligence notice to R3 is dispensed with and 2nd
respondent’s notice is held to be sufficiently served as he has not claimed.
2. Learned counsel for the appellant would contend that the Tribunal
has awarded excess compensation under the heads loss of earning and pain
and suffering. It is seen from the materials available that he is a very senior
Advocate Clerk and I do not feel that an income of Rs.5,000/- for a senior
Advocate Clerk is excessive. Therefore I do not propose to interfere with
the said finding. But, so far as pain and suffering is concerned, considering
MACA 2231/2007 -:2:-
the similar nature of cases and the uniform pattern, i.e. almost followed in
cases involving such injuries and the period of hospitalization, etc., I feel it
is slightly on the higher side and therefore I reduce it by Rs.4,000/- making
it Rs.6,000/-. On all other heads, the Tribunal has granted reasonable
compensation and it does not call for any interference.
Therefore, MACA is partly allowed and a revised award is passed
whereby the claimant is awarded a compensation of Rs.22,000/- with 9%
interest on the said sum from the date of petition till realisation with cost of
Rs.500/-. The 3rd respondent insurance company, viz., the appellant herein
is directed to deposit the amount within 60 days from the date of receipt of
a copy of this judgment. Being a case involving in an old man, the Tribunal
shall see that the amount is disbursed to him in lump.
M.N.KRISHNAN, JUDGE
Cdp/-
