IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 891 of 2005()
1. SUNNYKUTTY P.C. MINI NIVAS,
... Petitioner
Vs
1. ZULFIKAR, M.O. ISTRUMENT FILTER,
... Respondent
2. THE MANAGER, THE ORIENTAL INSURANCE
For Petitioner :SRI.M.V.BIPIN
For Respondent :SRI.D.SAJEEV
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :29/06/2009
O R D E R
K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ.
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M.A.C.A . NO:891 OF 2005.
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Dated this the 29th Day of June, 2009.
JUDGMENT
K. M. Joseph J.
The appellant is the claimant/petitioner in a petition filed
under Section 166 of the Motor Vehicles Act. He is aggrieved by
the adequacy of compensation awarded to him. The Tribunal has
awarded a total amount of Rs.60,686/- as against the claim for
Rs.2,00,000/-
2. Learned counsel for the appellant pointed out that the
Tribunal is in error in not awarding the compensation on the basis
of the disability certified by the Doctor. Ext. A5 is the disability
certificate of the appellant. It is noted that the disabilities pointed
out by the doctor do not find a place in any other medical records
and it cannot be accepted. The Doctor had proceeded to assess the
disability at 17%.
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3. The appellant was working as U.D.C., and he continues
to be in Government service. The Tribunal therefore awarded
compensation of Rs.11,520/- after taking the percentage of
disability at 6%, on the basis that the disability may affect the
earning power after retirement at the age of 55 years. The injuries
as noted in the disability certificate shows that the applicant
sustained Type III compound fracture of both bones of the left leg.
The appellant had sustained a wound on the leg which was treated
by debridoment, primary closure of skin followed by external
fixation of fracture. In the certificate, of course it is stated that
there was multiple scars on the left leg, osteomylitis of the left
tibia, westing of muscles and limitation of movements of the left
knee and ankle joint.
4. Having regard to the nature of injuries, we can fix the
disability at 10% instead of 6%. On this basis the appellant is
allowed compensation of further sum of Rs.7,680/- which is
rounded of to Rs.8,000/-. We further notice that the appellant is
awarded Rs.12,000/- towards pain and suffering. Considering the
M.A.C.A . NO:891 OF 2005.
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injuries and condition of the appellant, the appellant is awarded
Rs.3,000/- more towards pain and suffering. Further it is submitted
that an amount Rs.1,500/- was granted towards bystander’s
expenses. In view of the records, we feel that a further sum of
Rs.1,000/- more can be awarded under the said head. We also feel
that Rs.8,000/- awarded towards loss of amenities is to be
enhanced. We award Rs.2,000/- more towards under this head,
having regard to the conditions of the appellant.
Accordingly this appeal is partly allowed and the
appellant is permitted to realize a sum of Rs.14,000/- more with
interest at the rate of 7.5% from the date of petition till the date of
realization from the respondents.
K. M. JOSEPH, JUDGE
M. L. JOSEPH FRANCIS, JUDGE.
dl/