IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 743 of 2010()
1. YAHYA,S/O.ABDURAHIMAN,AGED 22 YEARS,
... Petitioner
Vs
1. SAINUDHEEN,S/O.MUOYTTY,4/534,
... Respondent
2. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/08/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.743 OF 2010
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Dated this the 18th day of August, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.2590/2005. The
claimant, a 17 year old boy, sustained injuries in a road
accident and the Tribunal has awarded him a compensation
of Rs.21,750/=. Dissatisfied with the same, he has come up
in appeal for enhancement.
2. Heard the learned counsel. A perusal of the award
would reveal that he had sustained a communited fracture
of tibia and fibula. He was admitted on 2.9.2005 and
discharged on 20.9.2005. He had produced medical bills for
Rs.2,306/=. The Tribunal also found that there was
continued treatment thereafter. On perusal of the
photographs, the court observed that there is slight
deformity of the leg due to the accident. I feel that some
enhancement has to be given in this case on the following
heads:
3. The Tribunal should have given the medical expenses
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M.A.C.A.NO.743 OF 2010
as claimed and therefore, I award Rs.2,500/= under that head.
He was treated as an inpatient in a hospital for 18 days and
so towards bystander’s, incidental and other expenses, I
enhance Rs.2,000/=. The Tribunal has only awarded
Rs.2,500/= towards loss of amenities which has to be slightly
increased for the reason that the boy had some dislocation of
the leg as well. This would have been a temporary
phenomena at least for a short time. So I enhance that
compensation by Rs.3,500/= thereby making an additional
compensation of Rs.8,000/=.
4. In the result, the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.8,000/= with 7% interest on the said sum from the date of
petition till realisation and the respondent insurance
company is directed to deposit the said amount within a
period of 60 days from the date of receipt of a copy of this
judgment.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.743 OF 2010
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M.A.C.A.NO.743 OF 2010
M.N. KRISHNAN, J.
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A.S.NO.OF 2010
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2nd day of August, 2010.
J U D G M E N T