IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 909 of 2002(E)
1. VALSALA K., AGED 28 YEARS,
... Petitioner
Vs
1. RAMANUJAN KURUP,
... Respondent
2. D.SUGATHAN, S/O.DHAMODHARAN VAIDYAN,
3. UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent :SMT.K.C.BEENA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/05/2008
O R D E R
M.N. KRISHNAN, J.
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M.F.A.NO. 909 OF 2002
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Dated this the 26th day of May 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Punalur in OP(MV) 1725/93. A girl
aged 14 years sustained a fracture on the right fibula with loss of
two teeth and had undergone a treatment for a period of three
days as an inpatient and later as an out-patient. The Tribunal
awarded a total compensation of Rs. 12,000/- as compensation.
It is against that decision the present appeal is preferred.
2. Heard the counsel for both sides. It is true that very
many documents are not available to precisely fix the
compensation. But the facts remain that a girl aged 14 years
has lost two teeth as well as sustained fracture of the fibula.
She had also undergone treatment for some time. Therefore
taking into consideration these aspects I feel this is a fit case
where compensation for pain and sufferings can be increased by
Rs.3,000/-, transport expenses and ancillary expenses by
MFA 909 2002
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another Rs.1,000/- and loss of amenities and enjoyment in life
by another Rs.1,000/- or in other words the petitioner will be
entitled to an additional compensation of Rs.5,000/-. Therefore,
the MFA is partly allowed and the claimant is awarded an
additional compensation of Rs.5,000/- with 7% interest on the
said sum from the date of petition till realisation and the
insurance company is directed to deposit the same within a
period of sixty days from today.
M.N. KRISHNAN, JUDGE.
ul/-
MFA 909 2002
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M.N. KRISHNAN, J.
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M.F.A. No. 909 OF 2002
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J U D G M E N T
26th May, 2008.
