IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1929 of 2005()
1. PRADEEP.T.K., S/O.T.P.KRISHNAN,
... Petitioner
Vs
1. SIVARAMAN, S/O.KUNJEERAN,
... Respondent
2. T.P.KRISHNAN, S/O.PAZHANU,
3. UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.C.RAGHAVAN
For Respondent :SRI.JOHN JOSEPH VETTIKAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :13/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1929 OF 2005
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Dated this the 13th day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Palakkad, in OP(MV) 912/97. The
appellant aged 23 years, an agriculturist by profession had sustained
injuries in a road accident. A perusal of the award itself would show
that he had a lacerated wound on the ankle and a closed displaced
fracture of the middle one third of tibia plus deformity on the left leg.
He was treated as an inpatient for 5 days. The Tribunal awarded him
Rs.750/- for loss of earnings.
2. When a person has suffered a displaced fracture of the tibia
and other injuries on the leg, it is certain that he would not have been
able to do the work for atleast two months. Fixing the income at
Rs.1,500/- per month, I award an additional amount of Rs.2,250/- as
loss of earning. He was a native of kanjikulam and he was treated in
olavakode hospital. Certainly, he would have visited the hospital on
many occasions and therefore, I enhance the compensation for
transport expenses by Rs. 250/-. The Tribunal has awarded only
Rs.4,000/- as compensation for pain and suffering. It appears to be
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totally inadequate considering the nature of injuries sustained by the
appellant. I enhance it by Rs.3,000/-. The Tribunal has not awarded
any compensation for loss of amenities and permanent disability. On
account of the fracture mentioned above, it is certain that there would
be temporary disability, loss of amenities and enjoyment in life for
some point of time. I award Rs.3,000/- under that head. The
appellant will be entitled to an additional compensation of Rs.8,500/-.
In the result, the MACA is partly allowed and the claimant is
awarded an additional compensation of Rs.8,500/- 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.1929/05 3