IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 208 of 2003(D)
1. SAIDU, S/O. MOIDEEN, KAVUMGUMTHODY
... Petitioner
Vs
1. HARIDASAN, S/O. KARUPPAN,
... Respondent
2. K.T. KUNHABDULLA, S/O. LATE
3. NEW INDIA ASSURANCE COMPANY LTD.,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :SRI.M.M.HUSAIN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :13/06/2008
O R D E R
J.B.Koshy & P.N.Ravindran, JJ.
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M.F.A.No.208 of 2003
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Dated this the 13th day of June, 2008.
JUDGMENT
Koshy,J.
The appellant sustained injuries on 10.1.1995 in a motor
accident. Ext.A6 wound certificate shows the the following
injuries:
“Injury back 2 x 1 cm and contusion over right
elbow 2 x2 cm.”
He was an inpatient for seven days in the hospital. Against a
claim of Rs.30,000/-, the Tribunal awarded a total amount of
Rs.1,950/-. It is submitted that he was unable to do any work
for several days. For loss of earning, the Tribunal has granted
only Rs.500/- against a claim of Rs.3,600/- during the period of
treatment. For medical expenses the petitioner has claimed
Rs.2,000/-. Even though he was treated as an inpatient for 7
days, only Rs.100/- was awarded by the Tribunal. For pain and
suffering against a claim of Rs.20,000/-, the Tribunal has
awarded only Rs.1,000/-. Even though there is no permanent
MFA 208/03 -: 2 :-
disability, we are of the opinion that the award of the Tribunal
regarding pain and suffering and loss of actual earning and
medical expenses are meager. Having regard to the totality of
the circumstances, we award Rs.5,000/- more than what is
awarded by the Tribunal. The above amount of Rs.5,000/-
should be deposited by the third respondent – Insurance
Company with 7.5% interest from the date of application till its
deposit over and above the amount decreed by the Tribunal. On
deposit of the amount, the appellant is allowed to withdraw the
same.
The appeal is partly allowed.
J.B.Koshy,
Judge.
P.N.Ravindran,
Judge.
ess 14/6