Kerala High Court
P.J.James vs T.K.Gafoor on 4 January, 2013
Bench: S.Siri Jagan, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
FRIDAY, THE 4TH DAY OF JANUARY 2013/14TH POUSHA 1934
MACA.No. 2380 of 2008 ( )
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O.P.M.V..439/2002 of ADDL.D.C. & ADDL.MACT,THALASSERY
APPELLANT(S)/PETITIONER:
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P.J.JAMES, S/O.JOSEPH, TEACHER,
KANIYAMPARAMBIL HOUSE
NUCHIYAD AMSOM
DESOM
MUNDANOOR
P.O.NUCHIYAD
KANNUR DISTRICT.
BY ADV. SRI.GRASHIOUS KURIAKOSE
RESPONDENT(S)/RESPONDENTS:
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1. T.K.GAFOOR, S/O.KUNHABDULLA,
THAYYULATHIL KAVATHAL HOUSE
P.O.CHENDAYAD
VIA. PANOOR.
2. UNNIKRISHNAN P.,
S/O.KUNHIKANNAN NAMBIAR
POONKAN HOUSE
PANNIMOOLA
ARALAM AMSOM
DESOM
P.O.ARALAM.
3. M/S.NEW INDIA ASSURANCE CO.LTD., KANNUR.
R3 BY ADV. SRI.P.MURALEEDHARAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
04-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S.SIRI JAGAN & C.K.ABDUL REHIM, JJ.
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M.A.C.A.No. 2380 of 2008
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Dated this the 4th day of January, 2013
J U D G M E N T
Abdul Rehim, J.
The claimant in O.P(M.V.).No.439/2002 before the Motor Accidents claims Tribunal, Thalassery, is seeking enhancement of the compensation awarded. He sustained fracture on left Humerus in a motor vehicle incident, along with other minor injuries. He had undergone treatment as inpatient for about 12 days and thereafter continued treatment as outpatient. The injury sustained to the appellant had resulted in partial permanent disability. But the Medical Broad, after examining him, certified that he had only a temporary disability of 8%. The appellant was working as a teacher. Considering the fact that he continued till the age of superannuation, the Tribunal adopted multiplier of 8 and assessed disability adopting 4%.
2. Contentions in the appeal are to the effect that the amount awarded under the head of compensation for permanent disability is too inadequate. It is also contended that the amounts awarded under the heads of pain and sufferings and loss of m.a.c.a.2380/08 - : 2 :-
amenities are on the lower side. Further contention is to the effect that no amount has been granted for further treatment.
3. We have heard learned counsel appearing for the appellant.
4. On a perusal of the impugned award, it is evident that the Tribunal took note of the fact that the appellant continued in the job of teacher, in spite of the injuries and alleged disability. Therefore, we do not find any fault in adopting the multiplier as
8. The salary proved through Ext.A6 certificate cannot be adopted since the loss of disability is calculated only for the period after superannuation. Further we note that the Medical Board had certified only a temporary disability. Therefore, the extent of disability adopted as 4% cannot be stated as unreasonable or improper.
5. However, considering the contention regarding inadequacy of amounts awarded under the heads of pain and sufferings and loss of amenities, we are inclined to enhance the compensation by a further sum of ` 10,000/-.
6. Accordingly, the appeal is allowed in part and the amount of compensation awarded by the Tribunal will stand enhanced by a further sum of ` 10,000/-, which will carry m.a.c.a.2380/08 - : 3 :-
interest at the rate of 9% per annum from the date of the claim petition till realisation. The 3rd respondent insurance company is directed to make deposit of the said amount within two months from today.
No order as to costs.
Sd/-
S.SIRI JAGAN, JUDGE Sd/-
sdk+ C.K.ABDUL REHIM, JUDGE
///True copy///
P.A. to Judge