IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 87 of 2005()
1. V.KUMARADAS, S/O.T.R.NAIR,
... Petitioner
Vs
1. K.ANANTHAKRISHNAN, S/O.KUTTAN,
... Respondent
2. K.NARAYANAN, S/O.KANNUCHETTIAR,
3. ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.K.R.RAGHUNATH
For Respondent :SRI.S.SANTHOSH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :18/06/2009
O R D E R
C.N.RAMACHANDRAN NAIR &
C.K.ABDUL REHIM, JJ.
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M.A.C.A. No.87 of 2005
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Dated this the 18th day of June, 2009.
JUDGMENT
Abdul Rehim, J.
Appellant is the claimant before the Tribunal. He sustained
injuries in a motor accident which occurred when a Tractor hit on the
scooter driven by him along with his wife on the pillion. The appellant
sustained very serious head injury, including fracture of temporal bone
on the right side, fracture of left zygoma and pariatal bone on the left
side, fracture of clavicle, fracture of ribs, spine injury and loss of pinna
of the year on the left side etc. He was treated at various hospitals.
The injuries sustained to him had resulted in continuing permanent
disability. The persistent orthopaedic disability due to fracture
sustained to the clavicle and ribs was assessed at 5%, as evidenced by
Ext.X1 Disability Certificate issued by the Medical Board, Palakkad.
In Ext.X2 certificate issued by the Medical Board attached to the
Medical College Hospital, Trichur, it is stated that the head injury had
resulted in neurological deficiencies like Nerve Palsy, which is
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assessed at 5%. Further, the ENT Surgeon has reported that there is
cosmetic disability on account of loss of pinna of the left ear. After
considering the various certificates, Tribunal adopted whole body
disability with respect to loss of earning power at 12%. The appellant
claimed that he was conducting a grocery shop. But no evidence
produced to prove his income. Therefore, the Tribunal adopted
notional income of Rs.2,000/- per month for the purpose of computing
compensation for permanent disability. The appellant had produced
medical bills worth Rs.77,000/-. The Tribunal awarded an amount of
Rs.80,000/- under the head of treatment expenses. A total amount of
Rs.1,77,500/- was awarded as compensation under various heads.
2. Counsel for the appellant contended that inspite of continued
treatment, both as inpatient and as outpatient, the Tribunal had not
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taken note of the severe pain and suffering and mental agony suffered
by the appellant. According to him, an amount of Rs.17,500/- awarded
towards compensation for pain and suffering is highly unreasonable
and inadequate. It is also contended that the appellant suffered
disorder in functioning of the pituitary gland as a result of the head
injury, and he had to continue on medication throughout his life by
taking hormone treatments. But inspite of claim for future treatment,
the Tribunal had not awarded any amount under that head.
3. On an overall consideration of the award and evidence on
record, we feel that the Tribunal ought to have awarded compensation
under the abovesaid heads. In the facts and circumstances of the case,
we feel that enhancement of the total compensation by an additional
sum of Rs.25,000/- will meet the ends of justice.
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In the result, the total compensation of Rs.1,77,500/- awarded by
the Tribunal is enhanced by an additional sum of Rs.25,000/- which
will carry interest at the rate of 9% p.a. from the date of application till
the date of payment. The third respondent-Insurance Company is
directed to deposit the amount within a period of three months.
C.N.RAMACHANDRAN NAIR
Judge
C.K.ABDUL REHIM
Judge
pms