IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 903 of 2005()
1. SAJEEV, S/O. MAJEED,
... Petitioner
Vs
1. B. SALIM, S/O. BASHEER,
... Respondent
2. SHIJU, S/O. RAJAPPAN,
3. THE MANAGER, ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.V.CHITAMBARESH (SR.)
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/09/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 903 OF 2005
= = = = = = = = = = = = = = =
Dated this the 7th day of September, 2009.
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)1200/99.
The claimant, a 20 year old fish vendor, sustained injuries in
a road accident. He had sustained fracture of the right
scapula and had lost one tooth and was treated as an
inpatient in the hospital for three days. The Tribunal
awarded him a total compensation of Rs.36,274/- with 6%
interest. It is against that decision the claimant has come up
in appeal for enhancement.
2. The learned counsel for the appellant would argue
that no amount has been given for extra nutritious food and
that the compensation awarded for pain and sufferings is
inadequate and the disability compensation is also low as
well as the compensation towards loss of amenities and
enjoyment in life.
M.A.C.A. 903 OF 2005
-:2:-
3. Heard the learned counsel for both the sides. The
Doctor who had issued the certificate had been examined as
PW1 in this case. The Doctor was not in a definite position to
say whether there is real problem for him in gripping things.
He was not able to answer whether one can pretend.
Whatever it may be, this young man had suffered a fracture
on the scapula and he is expected to carryout manual
physical exertion everyday. Therefore I think some
enhancement can be given towards loss of amenities and
enjoyment in life. Similarly some reasonable amount can be
awarded for pain and sufferings and also for extra nutritious
food and other expenses. I increase the compensation for
pain and sufferings by Rs.2,000/-, loss of amenities by
Rs.2,000/- and extra nourishment and other expenses by
Rs.1,000/- thereby totaling a sum of Rs.5,000/-. The
Tribunal has only awarded an interest of 6% which has to be
enhanced to 7% for the entire amount.
In the result the MACA is partly allowed and disposed
of as follows. The claimant is awarded an additional
M.A.C.A. 903 OF 2005
-:3:-
compensation of Rs.5,000/- with 7% interest on the said
sum from the date of petition till realisation and the
respondent, insurance company is directed to deposit the
amount within a period of sixty days from the date of receipt
of a copy of the judgment. The insurance company is also
directed to pay an interest of 7% for the entire amount
already awarded.
M.N. KRISHNAN, JUDGE.
ul/-