Kerala High Court
K.P.Muhammed vs Devassia on 17 September, 2008
Author: M.N.Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 691 of 2007()
1. K.P.MUHAMMED, S/O.MOIDEENKUTTY,
... Petitioner
Vs
1. DEVASSIA, S/O VARKEY, AGED 45 YEARS,
... Respondent
2. GRACY DEVASSIA, AGE NOT KNOWN,
3. NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.N.J.ANTONY
For Respondent :SRI.LAL GEORGE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 691 OF 2007
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Dated this the 17th day of September, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)327/98. The claimant, a 48 year old man sustained injuries in a road accident. It is unfortunate that the learned Tribunal has not even adverted to the injuries sustained in the accident in its award. Tribunals can pass brief awards but not blank awards. Therefore I take this opportunity to bring to the notice of the Tribunal that there must be proper consideration of the materials available in a case of this nature. Remanding cases for every reason will only increase the work load of the Tribunals. Therefore in this case with the aid and assistance of the learned counsel appearing for both sides I am proceeding to dispose of the case.
2. A perusal of column 11 of the application would reveal that the claimant had sustained injury in the form of a cut injury in the vein below the left knee. He was initially M.A.C.A. 691 OF 2007 -:2:- treated in the Fathima Matha Mission Hospital and later has undergone treatment in the Medical College Hospital, Kozhikode even at the time of filing of the application. Learned counsel appearing for the appellant would contend that he was an inpatient in the hospital for more than 44 days. Since discussion is lacking I can only proceed with an approximate presumption to decide the compensation in the case.
3. Certainly the nature of injury namely the cut injury would have prevented him from doing any work for two months and therefore he must be given Rs.2,500/- more towards actual loss of earnings. The accident took place in Wayanad District and he was treated in the Medical College Hospital, Kozhikode and would have visited hospital on two or more occasions. Therefore I enhance the transport expenses by Rs.500/-. If there is a vein injury naturally there will be bleeding and it would have caused excruciating pain and therefore I award a sum of Rs.2,000/- more towards pain and sufferings. Certainly these injuries would M.A.C.A. 691 OF 2007 -:3:- have also caused loss of amenities and enjoyment in life for a temporary period at least for which I award Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,000/-.
In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 6% interest on the said sum from the date of petition till realisation and the 4th respondent, insurance company in the claim petition, i.e., National Insurance Company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-