IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 283 of 2003()
1. SUNILKUMAR K.C., S/O. CHANDRAN,
... Petitioner
Vs
1. K.J. LUIS, KATTITHARA HOUSE,
... Respondent
2. MR. GOPI, S/O. SREENIVASAN,
3. THE ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.K.JANARDHANAN
For Respondent :DR.ELIZABETH VARKEY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 283 OF 2003
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Dated this the 2nd day of June, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Ernakulam, in OP(MV) No.3138/96.
The appellant/petitioner had sustained injuries in a road accident
including fracture of the mandible and also lacerated injury on the
anterior aspect of the left pinna. He was treated as inpatient from
14.9.95 to 19.9.95. The Tribunal had awarded a compensation of
Rs.20,250/-. It is against this decision, the present appeal is
preferred.
2. Learned counsel for the appellant would contend that
the medical expenses itself would come to Rs.10,622/- and therefore
the compensation awarded by the Tribunal is grossly inadequate. It
is true that the appellant had sustained facial injury including fracture
of the mandible. The Tribunal has awarded loss of earning for two
months. But considering the injury sustained by the appellant on the
face coupled with the fracture of mandible one more month’s loss of
earning can be granted i.e. Rs.1,500/-. So far as pain and sufferings
is concerned, it is to be remembered that the accident is of the year
MACA NO.283/03 2
1995 and the Tribunal has awarded compensation of Rs.3,000/-.
Since the fracture of the mandible will cause some inconvenience, I
am inclined to enhance the compensation by Rs.5,000/- i.e. by
Rs.2,000/- more. Similarly there would have been loss of amenities
and enjoyment in life for a temporary period and it would have taken
him some time to get adjusted to the said pattern. The Tribunal has
awarded a compensation of Rs.2,000/- for loss of amenities and
enjoyment in life and for other inconvenience. It appears to be
inadequate. Therefore I enhance it by Rs.3,000/-. On all other
heads the compensation awarded appears to be reasonable.
Therefore the claimant is entitled to an additional compensation of
Rs.6,500/-.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.6,500/- with 7 % interest
on the said sum from the date of petition till realisation from the
respondents. The Insurance company is directed to deposit the
amount within a period of 60 days from the date of receipt of a copy
of this judgment.
M.N.KRISHNAN, JUDGE
vps
MACA NO.283/03 3