High Court Kerala High Court

Sajeesh vs Moosa Koya Haji on 19 December, 2008

Kerala High Court
Sajeesh vs Moosa Koya Haji on 19 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1897 of 2008()


1. SAJEESH, AGED 24 YEARS, ASARIKKAL HOUSE,
                      ...  Petitioner

                        Vs



1. MOOSA KOYA HAJI, AGED 53 YEARS,
                       ...       Respondent

2. THE ORIENTAL INSURANCE CO.LTD,

                For Petitioner  :SRI.V.S.CHANDRASEKHARAN

                For Respondent  :SRI.M.JACOB MURICKAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :19/12/2008

 O R D E R
                    M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                M.A.C.A. NO. 1897 OF 2008
            = = = = = = = = = = = = = = =
      Dated this the 19th 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, Kozhikode in O.P.(MV)114/02.

The claimant, a boy aged 17 years sustained injuries in a

road accident. A perusal of the award would show that he

had sustained echymosis on the eye and he was treated as

an inpatient in the hospital for two days. The Tribunal has

only awarded Rs.1,000/- and it is against that the appeal is

preferred. It has to be understood that the boy had

sustained injuries on the left eye and certainly there should

have been anxiety, excitement and fear when an injury is

sustained anywhere near the eye. Therefore I feel the

compensation of Rs.1,000/- is grossly inadequate which

requires interference. I enhance the compensation to

Rs.3,000/- and therefore the appeal is partly allowed and the

claimant is awarded an additional compensation of

Rs.2,000/- with 7% interest on the said sum from the date of

M.A.C.A. 1897 OF 2008
-:2:-

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.

The MACA is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-