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Kerala High Court
Unnikrishnan vs Sivanandan on 20 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 228 of 2009()


1. UNNIKRISHNAN, GEETHA NIVAS,
                      ...  Petitioner

                        Vs



1. SIVANANDAN, MANAPARAMBIL HOUSE,
                       ...       Respondent

2. M.P.RAJAPPAN, MANAPPARAMBIL HOUSE,

3. THE NATIONAL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :SRI.M.A.GEORGE

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :20/12/2010

 O R D E R
                 A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J
               -------------------------------------------------------------------
                                MACA.NO.228 OF 2009
                            ----------------------------------------
                    Dated this the 20th day of December, 2010


                                        JUDGMENT

The appellant contended before the Motor Accidents Claims Tribunal

that he suffered the following injuries in a road traffic accident that occurred on

December 4, 2004:

Laceration of ( R ) heel with pad avulsion

Fracture neck of fibula ( R )

Fracture lateral malleolus ( R )

According to the appellant, he under went treatment, initially in Indo

American Brain and Spine Centre, Chemmanakary and later in Specialist

Hospital, Ernakulam following necrosis of heel pad.

Ext.A13 certificate issued by the Asst. Professor, Orthopeadics in the

Medical College Hospital, Kottayam revealed that the appellant had the

following problems:

Gross scarring ( R ) heel, with sensory deficit

Inability to walk on bare foot

Tenderness (L) heel, shortening 2 cm (R ) lower limb

Restriction of movements

(R ) ankle From plangrade position no dorsi flexion possible, 25

degree plantar flexion possible.

X-ray (R ) ankle and leg: Moderate soft tissue swelling present

Moderate joint space narrowing

Union of fracture lateral malleolus with 5 degree medial

MACA.NO.228 OF 2009 2

angulation, neck of fibula with 5 degree medial angulation.

The doctor certified that the appellant has got a permanent partial

functional disability of 12% based on the above “clinico radiological findings

and according to Mc Bride Scale, taking the body as a whole”. Though

Ext.A13 certificate was available before the Tribunal, no compensation was

awarded under the head of permanent partial disability. Learned counsel

submits that the Tribunal was not at all justified in ignoring Ext.A13 totally.

There is considerable force in the above contention.

Having regard to the nature of the injuries and the impact that the said

injury has caused on the appellant, we are of the view that the appellant has

to be granted a lump sum of Rs.50,000/- as compensation under the head of

permanent partial disability. We do so. Under all other heads the Tribunal

has awarded reasonable compensation. Therefore, the appellant is not

entitled to get any enhancement under the other heads. The award is

modified to the above extent.

A.K.BASHEER,JUDGE

M.L.JOSEPH FRANCIS,JUDGE

pm


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