IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 37 of 2004()
1. SADANANDAN,
... Petitioner
Vs
1. MANOJ KUMAR (OWNER),
... Respondent
2. MUNEER @ MUHAMMED RAFEEQUE (DRIVER),
3. NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.K.S.MANU
For Respondent :SRI.RAJAN P.KALIYATH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/12/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 37 OF 2004
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Dated this the 17th day of December, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Punalur in O.P.(MV)1723/99. The
claimant, a 42 year old man sustained injuries in a road
accident and the Tribunal has awarded a compensation of
Rs.48,701/-. It is against that decision the claimant has
come up in appeal.
2. Heard the counsel for the appellant as well as the
insurance company. It is seen that the claimant sustained a
compressed fracture on the T-12 vertebra and he was
initially treated as an inpatient in the hospital from 16.6.99
to 25.6.99. The discharge card, Exts.P7 would reveal that he
had been again admitted on 4.2.2001 and discharged on
26.2.01. Ext.A10 is the disability certificate whereby his
percentage of disability is fixed at 25%. The Tribunal fixed
his income at Rs.1,800/- per month, disability at 10% and
awarded the compensation. It can be seen from the
M.A.C.A. 37 OF 2004
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materials available that the claimant had sustained a fracture
on the vertebra and had undergone treatment and had
sustained disability. It is true that the doctor has not been
examined to prove the real percentage of disability. So the
Tribunal only assessed the disability at 10%. Considering
the fact that he had sustained a fracture on the vertebra that
too at the age of 42 I am inclined to increase the disability
by 3% and award the compensation. When it is so for 3%
disability the additional compensation would come to
Rs.9,450/-, i.e., Rs.21,000 x 3 x 15/100. The Tribunal has
only awarded Rs.7,000/- towards pain and sufferings which
also requires enhancement. I grant an amount of Rs.3,000/-
more considering the long treatment he had undergone.
Similarly, towards loss of earnings one more month’s amount
is to be granted which will make the total compensation to
Rs.14,250/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.14,250/- with 7.5% interest on the said sum from the
M.A.C.A. 37 OF 2004
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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/-