IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 937 of 2005()
1. SARISH P.S., S/O. SADANANDAN,
... Petitioner
Vs
1. MANAGING DIRECTOR, PHARMACEUTICAL CORPN.
... Respondent
2. NARYANAN, S/O. NARAYANAN NAIR,
3. MANAGER, STATE INSURANCE DEPT.,
For Petitioner :SRI.P.V.BABY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :23/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ.
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M.A.C.A. No.937 of 2005
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Dated this the 23rd day of July, 2009
J U D G M E N T
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Abdul Rehim,J.
1. Appellant is the claimant before the Tribunal. The
accident occurred on 10.8.1998 when a Bus hit on the Bicycle on
which he was riding. The appellant was aged 12 years at the
time of accident and he was a school student. He sustained
injuries like, thin subdural haemorrhage with brain oedema
along with fracture of right occipital and frontal bone on the
skull. He was hospitalised for 7 days. Thereafter he continued
treatment as outpatient for a considerable period. The injury
sustained to him had resulted in permanent disability which is
assessed at 5%. The Tribunal awarded a total compensation of
Rs.32,680/-. According to the appellant the amount awarded
under various heads like compensation for pain & suffering, loss
of amenities and enjoyment in life, compensation for permanent
disability, medical expenses, transportation expenses, etc. are on
the lower side. It is also contended that having accepted the fact
that the appellant is suffering from permanent disability, he
MACA.937 /05
2
would have been allowed with compensation of at least an
amount of Rs.25,000/-, as per the provision contained in Section
140 of the Motor Vehicles Act.
2. On an anxious consideration of the evidence on record
and the facts and circumstances of the case we feel that the
amount awarded under various heads are slightly on the lower
side, and enhancement of total compensation to Rs.50,000/- will
be only just and reasonable to meet the ends of justice.
3. In the result, the appeal is partly allowed re-fixing the
total compensation of Rs.32,680/- awarded by the Tribunal as
Rs.50,000/-. The said amount of compensation will carry interest
@ 7.5% per annum from the date of claim petition till payment.
The 3rd respondent is directed to make payment of the amount
within a period of 3 (three) months.
C.N.RAMACHANDRAN NAIR, JUDGE.
C.K.ABDUL REHIM, JUDGE.
okb