High Court Kerala High Court

R.Santhosh Kumar vs T.V.Unni on 24 November, 2008

Kerala High Court
R.Santhosh Kumar vs T.V.Unni on 24 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 672 of 2006()


1. R.SANTHOSH KUMAR, AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. T.V.UNNI, S/.O.VASAVAN,
                       ...       Respondent

2. ROY ABRAHAM, ELANJIKCAL HOUSE,

3. UNITED INDIA INSURANCE CO.LTD.,

4. THE MANAGING PARTNER,

5. KRISHNAKUMAR, KALLAYIL HOUSE,

6. THE ORIENTAL INSURANCE COMPANY LIMITED,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :SMT.P.A.REZIYA

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

 Dated :24/11/2008

 O R D E R
                     M.N. KRISHNAN, J.
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                M.A.C.A. NO. 672 OF 2006
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       Dated this the 24th day of November, 2008.

                      J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Ernakulam in O.P.(MV)2730/98.

The claimant, a 30 year old man sustained injuries in a road

accident and the Tribunal awarded a total compensation of

Rs.22,750/-. It is against that decision the claimant has

come in appeal for enhancement. It can be seen from the

evidence produced hear that the claimant had a depressed

fracture on the left zygoma and also had contusions on the

left side of the face. He was employed in a private firm

called Sukatheendra Oriental Research Institute with a

monthly salary of Rs.2,250/-. The document produced as

Ext.A7 would show that he was absent from duty for three

months. Taking into consideration the materials supplied I

think the claimant is entitled to some enhancement as

follows. For three months earning he will get Rs.6,750/- out

of which Rs.2,500/- is granted and therefore he is entitled to

M.A.C.A. NO. 672 OF 2006
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an additional compensation of Rs.4,250/- under that head.

Since it is a fracture on the zygoma coupled with other facial

injuries, certainly the claimant would have suffered

excruciating pain and therefore I enhance the pain and

suffering compensation by Rs.2,000/-. Similarly, the said

fracture would have made him even not to take any solid

food for a long time and it would have caused him loss of

amenities and enjoyment in life which also is enhanced by

Rs.1,000/-. Therefore the claimant will be entitled to an

additional compensation of Rs.7,250/-.

In the result the MACA is partly allowed and the

claimant is awarded an additional compensation of

Rs.7,250/- 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/-

M.A.C.A. NO. 672 OF 2006
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