IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 492 of 2008()
1. RAVEENDRAN,
... Petitioner
Vs
1. ARUN,
... Respondent
2. K.K.BABY,
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.K.A.HASHIM
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :24/03/2008
O R D E R
J.B.Koshy & K. Hema, JJ.
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M.A.C.A.No. 492 of 2008
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Dated this the 24th day of March, 2008
JUDGMENT
Appellant sustained serious injuries in a motor accident. He claimed
a compensation of Rs.3,50,000/-. The Tribunal awarded only Rs.70,000/-.
It was found that the accident occurred due to the negligence of the driver
of the vehicle, insured by the 3rd respondent insurance Company. Only
dispute is regarding the quantum of compensation.
2. As a result of the accident, lateral of right orbit and right
temporal bone were fractured. There was injuries namely epidural
haematoma over the right temporal region of the brain. He had prolonged
treatment. Considering the contentions on both sides, he was sent for
examination by the Medical Board. The Medical Board assessed the
disability at 0%. Therefore, there is no loss of earning power. Considering
the injuries suffered by him Rs.20,000/- was awarded for pain and
suffering. Expenses for Medical bills were reimbursed. For loss of actual
earning Rs.20,000/- was awarded, considering the long treatment period.
Towards loss of amenities Rs.10,000/- was awarded and total amount
awarded was Rs.70,000/-.
MACA 492/08 -2-
3. Considering the fact that there was no permanent disability, we
are of the opinion that the compensation awarded is just and reasonable and
no interference is necessary. Hence, the appeal is dismissed.
J.B. Koshy, Judge
K. Hema, Judge
mn.