Sushama vs Ravi on 2 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 692 of 2003()


1. SUSHAMA, W/O. SASI,
                      ...  Petitioner

                        Vs



1. RAVI, S/O. PRABHAKARAN NAIR,
                       ...       Respondent

2. THE UNITED INDIA INSURANCE CO.,

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.P.R.RAMACHANDRA MENON

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :02/06/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                       M.A.C.A. No. 692 OF 2003
                             ---------------------
                  Dated this the 2nd day of June, 2008

                               JUDGMENT

This appeal is preferred against the award passed by the

Motor Accident Claims Tribunal, Irinjalakkuda, in OP(MV) No.676/97

whereby the appellant has been awarded a compensation of

Rs.14,000/-. The appellant was aged 23 years at the time of the

accident and a dance instructor by profession. She had sustained

compound fracture of the left foot. The court held that she was not

having any complicated treatment and further that the medical

disability certificate has not been proved by examining the Doctor. I

also find that the appellant has not mounted the box to give

evidence. Being a dance instructor by profession the income taken

as Rs.1,000/- is inadequate and an amount of Rs.2,000/- can be

taken. Therefore towards loss of earning, an additional

compensation of Rs.3,000/- is granted. Towards bystanders

expenses she was in the hospital for 14 days, I enhance another

Rs.500/-. Certainly on account of the compound fracture, there

would have been temporary inconvenience and difficulty for the lady

MACA NO.692/03 2

in her avocation as a dance instructor. Tribunal has awarded only

Rs.3,000/-. I enhance it by Rs.4,500/- thereby an enhancement of

Rs.1,500/-. Therefore the claimant will be entitled to an additional

compensation of Rs.5,000/-.

Therefore, the MACA is partly allowed and the claimant is

entitled to an additional compensation of Rs.5,000/- 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