IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 647 of 2010()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. RAJESH, S/O.GANGADHARAN,
... Respondent
2. RAJITH, S/O.GANGADHARAN,
3. GOVINDAN.P.P, S/O.PACHER,
For Petitioner :SRI.VPK.PANICKER
For Respondent :SRI.K.B.ARUNKUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/12/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.647 OF 2010
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Dated this the 8th day of December, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Vatakara in OP(MV)No.959/2007. The
claimant claiming to be a private school teacher sustained
injuries in a road accident and the Tribunal has awarded
him a compensation of Rs.51,750/= with 7.5% interest.
2. The learned counsel for the insurance company
submits that permission had been granted to conduct the
case under Section 170 of the Motor Vehicles Act. It is
challenging the quantum, the appeal is preferred. The
learned counsel had taken me through the award. It can be
seen from the materials available that the claimant had
sustained fracture of both bones of the left leg. He was
treated as an inpatient in the hospital for a period of 3
days. He had continued review on three occasions i.e. on
17.5.2007,28.6.2007 and 2.8.2007.
3. I feel, the Tribunal has slightly granted higher
compensation for pain and sufferings as well as for actual
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M.A.C.A.NO.647 OF 2010
loss of earnings. For the nature of injury sustained,
considering the period of hospitalization and also the
treatment, I feel Rs.15,000/= would have been sufficient
considering the facts of the case. So far as loss of earnings
is concerned, even the claimant has no case that he had
sustained any loss up to 3.5.2007. But he had produced a
document claiming leave taken up to 30.11.2007. The Tribunal
has granted loss of earnings from the date of the accident
till 2.8.2007. The date of accident is 22.3.2007. Most probably
on account of the holidays in the school he would have not
suffered any damages or loss of pay and that is why he
himself has claimed from 3.5.2007. Therefore I think the
best course would be to accept loss of earnings for a
period from 3.5.2007 to 3.8.2007 i.e. the last date of review.
It will be for 3 months. So the Tribunal’s granting of
amount for 5 months’ has to be reduced from 3 months
and when it is so, under that head Rs.9,000/= has to be
deducted. So on an over all calculation, the amount to be
deducted is Rs.14,000/=.
4. Therefore the appeal is allowed and a revised award
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M.A.C.A.NO.647 OF 2010
is passed as follows:
5. The claimant is entitled to get compensation
amount of Rs.37,750/= with 7.5% interest on the said sum
from the date of petition till realisation and also a cost of
Rs.750/= to be paid by the 3rd respondent insurance
company. Needless to say that the other direction to deposit
and produce cheque for court fee will remain in tact.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.647 OF 2010
M.N. KRISHNAN, J.
…………………………………….
A.S.NO.389 OF 2001
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11th day of November, 2010.
J U D G M E N T