IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 97 of 2005()
1. V.K.RAJAN NAIR, S/O. RAMAN NAIR,
... Petitioner
Vs
1. VAZHAKANDYIL MURALIDHARAN,
... Respondent
2. CHERIYA POOLAKANDY GOPALAN,
3. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SMT.P.K.RADHIKA
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/09/2007
O R D E R
K.S.RADHAKRISHNAN & A.K.BASHEER, JJ.
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M.A.C.A.No.97 OF 2005
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Dated this the 11th day of September, 2007
JUDGMENT
Radhakrishnan, J
This appeal arises out of the award in O.P.(MV)No.95/95
of the Motor Accident Claims Tribunal, Kozhikode.
M.A.C.A.97/05 is preferred by the appellant/claimant claiming
enhanced compensation. On 4.9.94 while appellant/claimant
was driving the scooter, a mini lorry driven by second
respondent came at an excessive speed and dashed against
his scooter and the appellant/claimant was thrown out and he
sustained serious injuries. According to the
appellant/claimant, the accident occurred only due to the rash
and negligent driving of the second respondent. Respondent
no.1 is the owner of the mini lorry and respondent no.3 is the
insurer. All the respondents are jointly and severally liable to
compensate the petitioner at an amount of Rs.1,50,000.
2. Respondents 1, 2 and 3 filed written statement
denying the plea of negligence. PW1 was examined and
M.A.C.A.No.97 OF 2005
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Exts.A1 to A11 documents were marked on the side of the
petitioner and X1 also was marked. No evidence was adduced
by the respondents. Tribunal awarded a total sum of
Rs.27,000/- as compensation to the petitioner with 9%
interest.
3. Learned counsel appearing for the claimant submits
that the amount awarded by the Tribunal is inadequate
considering the nature of the injuries sustained by the
appellant/claimant. Ext.X1 is the certificate issued by the
Medical Board, Kozhikode dated 9.10.03 stating that the
appellant/claimant has a permanent disability of 1%. Ext.A8
is the certificate dated 4.11.99 issued by the doctor,
Neurology, Medical College, Kozhikode stating that the
appellant/claimant had developed an area of numbness over
the cheek left and upper lip left immediately after the
accident. Certificate also says nerve injury to left maxillary
division of trigminal nerve. It is seen that the
appellant/claimant had undergone treatment in an Ayurveda
Hospital also. Ext.P9 receipt has been produced by the
M.A.C.A.No.97 OF 2005
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appellant/claimant showing that an amount of Rs.5,560/- has
been paid for Ayurveda treatment. No amount was awarded
by the Tribunal under this head on the basis of Ext.A9
certificate. We find no reason to reject that certificate.
4. In such circumstances, we are inclined to accept A9,
receipt showing Ayurveda treatment expense, and we award
an additional amount of Rs.5,560/- in addition to the amount
already granted with interest at 9% p.a. from the date of the
petition till payment.
This appeal is allowed as above.
K.S.RADHAKRISHNAN, JUDGE
A.K.BASHEER, JUDGE
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