IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 1209 of 2002()
1. PRAJIM, S/O. LATE ANANDHAN,
... Petitioner
Vs
1. K.A.SUNIL, S/O. APPUKUTTAN,
... Respondent
2. RAGUVARAN, S/O. BALAKRISHNAN,
3. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.K.B.MOHANDAS
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/02/2009
O R D E R
M.N. KRISHNAN, J.
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M.F.A.NO. 1209 OF 2002
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Dated this the 3rd day of February, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thrissur in OP(MV) 3169/00. The
claimant, a fisherman by profession sustained injuries in a
road accident. The Tribunal awarded a total compensation of
Rs.26,550/-. It is against that decision the claimant has come
up in appeal for enhancement. A perusal of paragraphs 23
and 24 of the award would reveal that the claimant had
sustained a lacerated wound over the forehead, Oedema on
the eye lid, lacerated wound on the face, lacerated wound on
the right pinna and an incised wound of 15 x 7 cms. back of
the left thigh exposing the muscles. He was initially shown in
a local hospital and was referred to the Medical College
Hospital wherein he had undergone treatment from 20.8.00 to
22.8.00 and on that day he was discharged at his request and
was admitted in a private hospital called Aswini Hospital
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where he had undergone treatment thereafter. The C.T. Scan
revealed mild brain oedema. The claimant is a fisherman by
profession and the Tribunal has awarded him loss of earnings
of Rs.3,000/- for one and half months. Considering the
profession as a fisherman and also the factum that he had
brain oedema coupled with exposed incised wound on the
thigh muscles having a dimension of 15 x 7 cms. I am inclined
to fix the wages at Rs.2,500/- and give a compensation for
loss of earnings for two months which would come to
Rs.5,000/-. So the claimant will be entitled to an additional
compensation of Rs.2,000/- under that head. Similarly, I feel
that the compensation awarded for pain and sufferings is also
low considering the nature of injuries. He had undergone
treatment in two hospitals for more than two to three weeks
and he had brain oedema coupled with other injuries on the
face and an incised wound on the thigh exposing muscles I
enhance the pain and sufferings compensation to Rs.10,000/-
thereby increasing an amount of Rs.2,500/- more.
Considering these aspects I am also inclined to enhance the
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compensation for loss of amenities and enjoyment by
Rs.2,000/- thereby making it an additional compensation of
Rs.6,500/-.
In the result the MACA is partly allowed and the claimant
is awarded an additional compensation of Rs.6,500/- with
7.5% interest on the said sum from the date of petition till
realisation and the 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/-
MFA 1209 of 2002
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M.N. KRISHNAN, J.
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M.F.A. No. 1209 OF 2002
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J U D G M E N T
3rd February, 2009.