IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 1697 of 2004
1. VINOD S/O. BHASKAAN,
... Petitioner
Vs
1. P.T.SANKARAN RUDRAN,
... Respondent
2. M/S. ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.VINOD VALLIKAPPAN
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated : 29/06/2005
O R D E R
M.N.KRISHNAN, J.@@
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M.A.C.A.No.1697 of 2004@@
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Dated this the 29th day of June, 2005@@
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JUDGMENT@@
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PL 55
SP 2
TM 3
BM 3
((HDR 0
MACA 1697/2004
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HE 1
This is an appeal preferred against the award in
O.P.(MV)No.1318 of 1996 of the Principal Motor Accidents
Claims Tribunal, Kozhikode. It is the case of the
claimant that he sustained injuries in the road accident
and thereby he sustained fracture of right humerus and
radius. After trial and consideration of the documents
the Tribunal had fixed a compensation at Rs.56,680/-. It
is against that award the present appeal is filed.
2. Heard the counsel for the appellant as well
as the counsel for the insurance commpany. The main
gievance of the appellant is that the income taken from
the appellant is too low and the Tribunal had erred in
fixing it at Rs.1500/-. The accident is of the year 1996
and the income is taken as Rs.1,500/- per month. It is
also contended by the appellant that he is a carpenter by
profession and his earning capacity has been affected on
account of the disability sustained in the accident. The
Tribunal referred the claimant to a medical board for
exammination and it found that he had sustained 7%
permanent disability. The loss of earning power was
calculated at Rs.22,680/-. I feel this is a case where
the income can be fixed at 2,000/- per month and
compensation can be awarded accordingly. When it is done
for six months instead of Rs.9,000/- it will be
Rs.12,000/-. There is a difference of Rs.3,000/- and
towards the loss of earning capacity the total amount
which the claimant will be entitled to will be
Rs.30,240/- instead of Rs.22,680/-. So there will be a
difference of Rs.7,560/-. The total additional amount
which the claimant will be entitled to will be
Rs.10,560/- over and above the amount awarded.
Therefore M.F.A. is partly allowed and the amount
awarded is modified. The claimant will be entitled to a
total amount of Rs.67,240/- inclusive of the preliminary
award amount with interest at 7% per annum from the date
of petition till realisation. The other conditions
stipulated in the award will remain as such and the
enhanced compensation awarded by this court may be
released to the party as and when deposited. The
insurance commpany shall deposit the amount in the
Tribunal and it shall disburse to the claimant.
M.N.KRISHNAN, JUDGE.@@
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PA
G. SIVARAJAN, J.
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W.P.(C) NO.
JUDGMENT
2003