IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 371 of 2002(C)
1. PRASANNA, W/O. SURENDRAN,
... Petitioner
Vs
1. P.K.ANANDARAJAN, VALLATHU HOUSE,
... Respondent
2. NATIONAL INSURANCE CO. LTD.,
3. T.B.SURESH BABU, S/O. BALAN,
4. TOMY, S/O. MENACHERY THOMAN,
5. ORIENTAL INSURANCE CO., KUNNAMKULAM,
6. M.V.VISWANATHAN, KUNNAPPILLY HOUSE,
For Petitioner :SRI.JOSE THETTAYIL
For Respondent :SRI.ANCHAL C.VIJAYAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice V.GIRI
Dated :23/08/2007
O R D E R
J.B.Koshy & V. Giri, JJ.
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M.F.A.No.371 of 2002
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Dated this the 23rd day of August, 2007.
JUDGMENT
Koshy,J.
Appellant suffered serious injuries in an accident. While
she was travelling in an autorickshaw, a bus insured by the
second respondent – Insurance Company and driven by the third
respondent in a rash and negligent manner hit the autorickshaw.
She claimed a total compensation of Rs.1,74,500/-. The Tribunal
has granted a compensation of only Rs.43,000/-, out of which
major amounts are for reimbursement of medical expenses. The
Tribunal, has noticed the following injuries:
“Immediately after the accident, the petitioner
was taken to West Fort Hospital, Thrissur as evident
from Ext.A6 wound certificate. The external injuries
noted were an abrasion on the eye brow right side and
abrasion on the left ear lobe. Ext.X1 is the case sheet
which would also reveal the same. But on
investigation it was revealed that she had a blunt
injury to the abdomen with rupture to the right lobe of
MFA 371/02 -: 2 :-
liver and haemo peritoneum. Thus, she was subjected
to a laprotomy on 16.9.1991. This is evident from
Ext.X2 case sheet. The details of treatment given at
the West Fort Hospital, Thrissur are also evident from
Ext.A7, which is the discharge summary. Since she
has loss of consciousness and was disoriented, she
was managed with charge and observation. This is
also evident from Ext.X2 case sheet. She had an
injury to the bone on the right eye brow resulting in
the injury to the trochlea, which caused paralysis of
superior oblique muscles resulting in deplopia (double
vision). Ext.A7 certificate states that if the said
condition of deplopia is not getting spontaneous cure
within six months, she would have to undergo a
surgical procedure to correct this problem.”
2. Even at the time of examination, there was double
vision. The Tribunal was of the opinion that the double vision will
be cured prospectively. Therefore, only Rs.10,000/- was
awarded for the disability and for loss of earning power. She
was a Managing Partner of a Chemical Industry. Considering the
nature of the injuries, especially, double vision as well as the
injury to the liver, we award Rs.7,000/- more as additional
MFA 371/02 -: 3 :-
compensation for disability and its after effects. The above
amount should be deposited by the second respondent –
Insurance Company with 7.5% interest from the date of
application till the date of deposit. On deposit, the the appellant
is allowed to withdraw the amount.
Appeal is partly allowed.
J.B.Koshy,
Judge.
V.Giri,
Judge.
ess 23/8