IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 509 of 2005()
1. PRADEEP KUMAR, S/O. K. PEETHAMBARAN,
... Petitioner
Vs
1. DR.P.C. KESAVANKUTTY NAIR, ASSOCIATE
... Respondent
2. DR. RANI NAIR, T.C.1/1710,
3. THE DIVISIONAL MANAGER,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.C.S.MANU
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :14/07/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 509 OF 2005
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Dated this the 14th day of July, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)
198/01. The claimant alleged to be a businessman aged 24
years sustained injuries in a road accident. He was awarded
a compensation of Rs.67,470/- by the Tribunal. Dissatisfied
with the award the claimant has come up in appeal. It is
seen that the petitioner had sustained fracture on both bones
of the right leg with displacement. It is further seen that
immediately he was admitted in the Medical College Hospital,
where he was given some conservative treatment.
Thereafter he was readmitted in the hospital where he
underwent treatment till 9.12.87. It was further shown that
again he had undergone a major surgery on 18.2.88 and was
advised to take rest for about six months. Again he was
readmitted for removal of the plasters and screws. Even
after 10 years in 1999 he has again operated for removal of
M.A.C.A. 509 OF 2005
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pus from the injury site. He had sustained and continued
treatment till 30.6.99. The Doctor who treated him gave the
disability certificate fixing the disability at 16% and he had
been examined to prove the same. Being a case of 1987 the
Tribunal took the income at Rs.1,000/- and calculated the
compensation. Considering the fact that the accident had
taken place in the year 1987, the Tribunal has awarded a
reasonable amount under majority of heads except under
one head namely, disability where the Tribunal reduced the
income to Rs.500/- and calculated the compensation. It was
an error committed by the Tribunal and when it is taken at
Rs.1,000/- per month the annual loss would come to
Rs.1,920/- which when multiplied with appropriate multiplier
of 17 would come to Rs.32,640/-. The Tribunal has only
awarded Rs.16,320/- and further an amount of Rs.5,000/-
towards loss of amenities and enjoyment in life. If the
compensation is granted for the permanent disability
accepting the percentage of disability as such, only a nominal
amount can be awarded under the head of loss of amenities.
M.A.C.A. 509 OF 2005
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Therefore, I award an additional compensation of
Rs.16,320/-. Accordingly, the MACA is disposed of awarding
an additional compensation of Rs.16,320/- with 7% interest
on the said sum from 23.8.90 till realisation and the 3rd
respondent, insurance company is directed to deposit the
same within a period of sixty days from the date of receipt of
a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-