High Court Kerala High Court

P.R. Baijukuttan @ Kochumon vs Somasekhara Panicker on 8 July, 2008

Kerala High Court
P.R. Baijukuttan @ Kochumon vs Somasekhara Panicker on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 667 of 2004()


1. P.R. BAIJUKUTTAN @ KOCHUMON,
                      ...  Petitioner

                        Vs



1. SOMASEKHARA PANICKER,
                       ...       Respondent

2. SURESH KUMAR, KANDATHINPARAMPIL

3. THE ORIENTAL INSURANCE CO.LTD.,

                For Petitioner  :SMT.MINI ELIZABETH GEORGE

                For Respondent  :DR.ELIZABETH VARKEY

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :08/07/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                       M.A.C.A. No. 667 OF 2004
                             ---------------------
                  Dated this the 8th day of July, 2008

                               JUDGMENT

This appeal is preferred against the award passed by the Motor

Accident Claims Tribunal, Kottayam, in OP(MV)2640/98. The

claimant sustained injuries in a road accident while he was walking

along the road. Tribunal awarded him a compensation of Rs.3,500/-.

It is against that decision the present appeal is preferred.

2. Heard the counsel for the appellant and the Insurance

Company. Learned counsel for the Insurance Company had made

available before me a copy of the wound certificate which would

show that the petitioner had sustained three lacerated wounds on the

forehead having dimensions of 3×2 cms, 2×2 cms and 1×1 cm.

There was swelling also. It is further seen that he was treated as

inpatient in the hospital. So taking into consideration the fact that he

had sustained lacerated wounds on the forehead and had undergone

inpatient treatment in the hospital for some days, I feel that the

compensation has to be increased by Rs.2,500/- thereby making a

total compensation of Rs.6,000/-.

MACA No.667/04 2

In the result, the MACA is partly allowed and the claimant is

awarded an additional compensation of Rs.2,500/- with 7% interest

on the said sum from the date of petition till realisation. The

Insurance Company is directed to deposit the amount within 60 days

from the date of receipt of a copy of this judgment.

M.N.KRISHNAN, JUDGE
vps

MACA No.667/04 3