IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 237 of 2009()
1. SHAHUL HAMEED @SHABUL
... Petitioner
Vs
1. K.AHAMED AND ANOTHER
... Respondent
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.TITUS MANI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/02/2010
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No.237 of 2009
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Dated this the 2nd day of February, 2010
J U D G M E N T
This is an appeal preferred against the award of the claims
tribunal in O.P.MV.No.1752/05. The claimant sustained injuries in
a road accident and the tribunal has awarded him a compensation
of Rs.3,000/- with 7.5% interest. Dissatisfied with the same, the
claimant come up in appeal for enhancement.
2. Heard the learned counsel for the appellant, insurance
company and the owner.
3. The learned counsel for the appellant has made available
before me for perusal documents in the case. A perusal of the
wound certificate issued by Koya’s Hospital would reveal that he
was admitted with a lacerated would on the right foot 6x5x1 cm,
lacerated wound over the chin 2x1x0.5 cm and abrasion over the
right shin and forearm. He was initially treated as an inpatient
from 6.2.2005 to 9.2.2005. The discharge summary would reveal
that he was further admitted in the hospital on 23.2.2005. It is
seen that the radiological examination revealed a fracture on the
M.A.C.A.No.237/2009 2
tip of the lower end of fibula. He was asked to take three weeks
complete rest. Thereafter again he had been discharged on
25.2.2005. The total medical expense would come to Rs.1,785/-.
I proceed to determine the compensation as follows:
On account of fracture of fibula he would have been
prevented from work, I grant Rs.4,000/- towards loss of
amenities. Towards medical expense, I award Rs.1785/-, for six
days hospitalization I grant Rs.600/- as bystander expense.
Towards extra nourishment and transportation, I award Rs.500/-,
towards pain and suffering I grant a sum of Rs.5000/-, making a
total of Rs.11,885/- which is rounded as Rs.12,000/-. Already
Rs.3,000/- awarded. Additional compensation of Rs.9,000/- is
awarded.
4. In the result, M.A.C.A. is partly allowed and the
claimant is awarded Rs.9,000/- with 7% interest from the date of
petition till realization and the respondent, Insurance company is
directed to deposit the said amount within a period of 60 days
from the date of receipt of a copy of this judgment.
(M.N. KRISHNAN, JUDGE)
sou.