IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 774 of 2003()
1. SHAJU MATHEW, AGED 35 YEARS,
... Petitioner
Vs
1. NASSAR, S/O. ABDUL VAHID, 4/110,
... Respondent
2. P. RAMASWAMY, S/O. PARAMASIVAN,
3. NATIONAL INSURANCE COMPANY LIMITED
For Petitioner :SRI.J.MATHAPPAN
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :25/06/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
V.K. MOHANAN, JJ.
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M.A.C.A. No. 774 OF 2003
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Dated this the 25th day of June, 2008
JUDGMENT
Ramachandran Nair,J.
Heard Sri. Ajino Mathappan, counsel appearing for the appellant,
and standing counsel appearing for the insurance company. The
appellant at the time of accident was only 26 years of age employed as
a sales executive drawing a salary of Rs. 4000/-. He met with a motor
vehicle accident which led to fracture of his leg and left clavicle bone.
He underwent protracted treatment in two hospitals including a
specialist hospital at Coimbatore. According to the appellant,
compensation is not awarded under various heads claimed by him. On
the other hand, counsel for the insurance company submitted that the
Tribunal has awarded reasonable compensation under all heads and the
total amount awarded is Rs. 3,43,200/- with interest and insurance
company deposited the entire amount of Rs. 6,13,038/-. We find from
the award that around Rs. 2 lakhs was spent by the appellant for
treatment and the actual amount received by him including interest is a
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little over Rs. 4 lakhs. The contention of the appellant is that the
multiplier applied is only 10 as against 18 applicable for permanent
disability. However, counsel for the insurance company submitted that
disability is not permanent in nature as contemplated under Section 142
of the Motor Vehicles Act. Even though disability certificate issued
shows partial permanent disability, we do not think any modification of
the award is required because the claim of earning put forward by the
appellant was accepted as such by the Tribunal. However, having
regard to the injuries sustained by a youngman and his long sufferings
on account of disability, we feel the compensation awarded for loss of
amenities and enjoyment in life at Rs. 20,000/- is very low. We
increase this compensation to Rs. 50,000/-. The insurance company
will pay additional compensation of Rs. 30,000/- with interest at the
rate of 7.5 per cent without any delay.
Appeal stands allowed to the extent indicated above.
(C.N.RAMACHANDRAN NAIR)
Judge.
(V. K. MOHANAN)
Judge.
kk
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