IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 239 of 2004()
1. RAJU, KARITHALACKAL VIAL ROADARIKATHU
... Petitioner
2. INDIRA, AGED 35, W/O.RAJU,
3. RAJESH.R.I., AGED 19, S/O..RAJU,
4. RAJIMOL.I.R., AGED 18, D/O.INDIRA,
5. ANITHA.I.R., AGED 15, D/O.INDIRA,
6. CHITRA.I.R., AGED 13, D/O.INDIRA,
Vs
1. THE MANAGING DIRECTOR, TAMILNADU STATE
... Respondent
2. SREEKUMARAN NAIR, JALAJA BHAVAN,
For Petitioner :SRI.R.T.PRADEEP
For Respondent :SRI.SUBHASH CYRIAC
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :20/01/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
C. K. ABDUL REHIM, JJ.
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M.A.C.A. No. 239 OF 2004
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Dated this the 20th day of January, 2009
JUDGMENT
Ramachandran Nair,J.
Appeal is filed for enhancement of compensation. We have
heard counsel appearing for the appellants and counsel appearing for
the respondent-Corporation. Appellants 2 to 6 are the legal heirs of
one Mr. Raju, who sustained injuries in a road accident caused by the
bus operated by the first respondent. The accident was on 2.8.2000 and
the injured underwent treatment for minor injuries at the Government
Hospital, Parasala. He was discharged on 15.8.2000 and injuries
sustained are seen trivial in nature. However, the injured died on
6.5.2003 that was after passing of the award. Even though the
deceased while prosecuting claim petition claimed subsequent
treatment in the Medical College Hospital, the MACT did not accept
the same because as those were not attributable to the injuries caused in
the accident. According to legal heirs, the death occurred in 2003 is
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attributable to the injuries sustained in the accident. Counsel for the
respondent-Corporation submitted that the deceased died of natural
cause and there is no evidence to the contrary. Moreover the injuries
sustained were not serious and that is the reason why he was not taken
to any Medical College Hospital or any big hospital for treatment. We
are in agreement with this argument because no postmortem was done
on the body of the deceased and consequently the cause of death is not
known. Secondly treatment at the Medical College Hospital is more
than one year after the accident and there are no details as to the disease
for which he was treated in the hospital. In these circumstances, the
only inference is that deceased died of some disease or on account of
natural cause which are not attributable to the accident. Therefore the
claim for enhancement of compensation for the death of the injured is
rejected.
2. Even though appellants could not connect the death of the
deceased with the accident, we feel the compensation awarded is very
low because the injured was in the hospital for 13 days as an impatient.
Therefore abrasions and lacerations sustained are more serious in
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nature than they appeared to be. Therefore injured would have suffered
pain and would have been disabled to work for some time. We
therefore enhance the total compensation from Rs. 10,000/- to Rs.
25,000/- with direction to the first respondent to deposit the additional
compensation granted by us with interest at 7.5 per cent per annum
from the date of application till date of deposit.
Appeal stands allowed to the above extent.
(C.N.RAMACHANDRAN NAIR)
Judge.
(C.K. ABDUL REHIM)
Judge.
kk
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