IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1521 of 2007()
1. SUBHASH KUMAR, S/O.CHATHUKUTTY,
... Petitioner
Vs
1. P.AYOOB, S/O.USUF, PANNAPURAM HOUSE,
... Respondent
2. THE NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/09/2008
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 1521 OF 2007
= = = = = = = = = = = = = = =
Dated this the 5th day of September, 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)1965/99.
The claimant, a 42 year old man running an industry
sustained injuries in a road accident. The wound certificate
revealed that he had an injury in the tibial spine with anterior
crush ligament and avulsion. He was treated as an inpatient
in the hospital for 4 days and the award would show that he
was asked to take medical review after taking rest. The Court
below also obtained a disability certificate from the Medical
Board but discarded it stating that it is not proved. I think it
is not a proper approach. It is now settled by catena of
decisions that in all the cases medical certificate need not be
proved through doctors. Considering the nature of injuries
including the ligamental crush with avulsion I feel at least
3% disability can be taken and when it is done and the
income is fixed at Rs.1,500/- per month the annual loss
\M.A.C.A. NO. 1521 OF 2007
-:2:-
would come to Rs.540/- which when multiplied by 15 would
be Rs.8,100/-. At least he would have been prevented from
doing any work at least for a period of 2 months for which I
grant another Rs.3,000/-. So the claimant will be entitled to
an additional compensation of Rs.11,100/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.11,100/- with 6% interest on the said sum from the date
of 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.
M.N. KRISHNAN, JUDGE.
ul/-