IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2169 of 2006()
1. SADANANDAN, AGED 65 YEARS,
... Petitioner
Vs
1. A.J. CLEMENT, S/O.JOSEPH,
... Respondent
2. SUBRAMANIAN, S/O.KUNJAN,
3. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SMT.JEENA JOSEPH
For Respondent :SRI.P.M.MOHAMMED SHIRAZ
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/08/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2169 OF 2006
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Dated this the 12th day of August, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)461/02.
The Tribunal awarded a sum of Rs.31,618/- with 6% interest.
It is against that decision, the present appeal is filed for
enhancement.
2. Learned counsel for the claimant would contend
that though a disability certificate evidencing 25% disability
was produced and Doctor was examined the Tribunal took
the disability at only 10% and therefore that head requires
interference along with other heads. Learned counsel had
made available me for perusal a copy of the disability
certificate which would show that the claimant had 100%
disability for six weeks, 50% temporary disability for 3
months and permanent disability of 25%. So far as the loss
of earnings is concerned at least for the 4= months he has
to be compensated accepting the income at Rs.1,500/- per
M.A.C.A. 2169 OF 2006
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month. So, the claimant will be entitled to Rs.2,250/- as
additional compensation for actual loss of earnings. It is
submitted that on account of the fracture sustained to the
femur at the age of 61 years and considering the nature of
work done by the claimant there will be difficulty for him to
sit and do the work and this type of work involves sitting for
long hours. Therefore, I am inclined to enhance the
disability to 15% and when it is done the annual loss would
come to Rs.2,700/- which when multiplied by 5 would be
Rs.13,500/-. The Tribunal has awarded Rs.9,000/- which
means the claimant is entitled to an additional compensation
of Rs.4,500/-. When a man has sustained a fracture on the
femur at the age of 61 not only it will affect his working
capacity but will also have a direct interference in his normal
activities and certainly it would cause loss of amenities and
enjoyment in life and therefore I enhance that compensation
by Rs.1,500/-. Or in other words, the claimant is entitled to
an additional compensation of Rs.8,250/-.
M.A.C.A. 2169 OF 2006
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In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.8,250/- with 6% 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/-