IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1487 of 2008()
1. S.P.SUBAIR, S/O.AHAMMED KOYA,
... Petitioner
Vs
1. BIJU SEBASTIAN, S/O.DEVASSYA,
... Respondent
2. A.VELAYUDHAN, S/O.KARIKUTTY,
3. UNITED INDIA INSURANCE CO.LTD.,
4. JACOB CHUNDEKKAT, CATHOLIC CHURCH,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/01/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1487 OF 2008
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Dated this the 30th day of January, 2009
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)2161/99.
The claimant a 22 year old labourer sustained injuries in a
road accident. He has been awarded a total compensation
of Rs.17,139/- with 6% interest. It is against that decision
the insurance company has come up in appeal. Though
respondents are served there is no appearance.
2. Heard the learned counsel for the appellant and
perused the award and documents. A perusal of the award
and documents would reveal that the claimant had sustained
a fracture on the fibula and P.O.P. cast was applied. The
case sheet was produced as Ext.X1 which revealed that he
was an inpatient in the hospital for seven days. The Tribunal
took his income at Rs.1,000/- only which I feel is totally
inadequate. Even in 1994 the statute has fixed the notional
income at Rs.15,000/- per annum. Taking into consideration
M.A.C.A. 1487 OF 2008
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the factum that the accident is of the year 1999 I fix the
income at Rs.1,500/- and when it is so for three months loss
of earnings the claimant is entitled to an additional
compensation of Rs.1,500/-
3. The claimant had suffered a fracture on the fibula
and his leg was under plaster cast for a considerable length
of time and he had visited hospital on subsequent occasions
also and movement of a young man has been curtailed
totally for some time and therefore I enhance the
compensation for pain and sufferings by Rs.2,000/-. When a
young man sustains such a fracture which has resulted in
immobility for a considerable period of time at the age of 22
it would have caused him loss of amenities and enjoyment in
life for which I enhance the compensation by Rs.4,000/-
thereby entitling the claimant to have an additional
compensation of Rs.7,500/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
M.A.C.A. 1487 OF 2008
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Rs.7,500/- with 6% interest on the said sum from the date of
petition till realisation and the insurance company on deposit
shall be entitled to realise the amount from R1 and R2 in the
claim petition, jointly and severally.
M.N. KRISHNAN, JUDGE.
ul/-