IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1674 of 2008()
1. V.VASU, S/O.KELU VAIDYAR, AGED 73 YEARS,
... Petitioner
Vs
1. K.K.GOVINDANKUTTY NAIR, AISWARYA,
... Respondent
2. THE UNITED INDIA INSURANCE CO. LTD.,
3. T.HARIGOVINDAN, S/O.KUTTIKRISHNAN
4. NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/01/2009
O R D E R
M.N.KRISHNAN, J
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MACA No.1674 OF 2008
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Dated this the 22nd day of January 2009
JUDGMENT
This appeal is preferred against the award of the Prl.Motor Accidents
Claims Tribunal, Kozhikode in O.P.(MV)No.1341 of 2002. The claimant
sustained injuries in a road accident and the Tribunal has awarded a
compensation of Rs.7,300/-. It is the case of the claimant that he is a tailor
by procession and was aged 67 years at the time of the accident. Ext.C1
disability certificate is accepted by the Tribunal which shows the percentage
of disability at 8%. Though he claimed an income of Rs.4,000/-, the
Tribunal took his annual income at Rs.12,000/- and calculated the
compensation. I feel the compensation awarded under various heads
requires revision. When he is a tailor by profession and the accident had
taken place in the year 2001 one can easily fix the income at Rs.1,500/-.
Therefore I award a sum of Rs.3,000/- towards loss of earning for two
months. When the disability compensation is calculated at the rate of
Rs.18,000/- per annum with a multiplier of 5 and disability of 8% it would
come to Rs.7,200/- out of which Rs.4,800/- is granted. Therefore the
MACA 1674/2008 -:2:-
claimant will be entitled to an additional compensation of Rs.2,400/- under
that head. It can also be seen that there is limitation of his movement and
there is pain and so certainly he is entitled to get compensation for loss of
amenities and enjoyment, especially in the back drop , i.e. aged 67 years. I
award him Rs.3,000/- under that head. The Tribunal only granted a sum of
Rs.1,500/- towards pain and suffering. When one gets a disability on
account of the stiffness of the cervical spine it would have certainly
caused him excruciating pain. Therefore I award him Rs.3,500/- more under
that head. Therefore the claimant will be entitled to an additional
compensation of Rs.11,900/-.
In the result, MACA is partly allowed and the claimant is entitled to
an additional compensation of Rs.11,900/- with 7.5% interest on the same
sum from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-