Kerala High Court
Krishnan vs Suresh Babu on 13 September, 2010
Author: M.N.Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1397 of 2009()
1. KRISHNAN, S/O.PARAYAN, AGED 44 YEARS,
... Petitioner
Vs
1. SURESH BABU, S/O.SANKARAN NAMBIAR,
... Respondent
2. N.K.PURUSHOTHOMAN, S/O.KRISHNAN,
3. THE UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SMT.LATHA PRABHAKARAN
For Respondent :SRI.P.JACOB MATHEW
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :13/09/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1397 OF 2009
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Dated this the 13th day of September, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1856/00. The claimant, a driver by profession, aged 35 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.3,000/-. It is against that decision the claimant has come up in appeal for enhancement.
2. Heard both the sides. Learned counsel for the appellant had made available before me the documents relating to the treatment of the person. The wound certificate itself would reveal that the claimant had sustained a fracture on the distal radius with fracture ulnar styloid. A perusal of the treatment record would reveal that he was admitted on 14.4.00 and discharged on 18.4.00 with a diagnosed fracture on the lateral end of the radius. He was managed with immobilization. He had attended the hospital M.A.C.A. 1397 OF 2009 -:2:- till 12.5.00. Being a driver by profession I am inclined to fix the income at Rs.2,500/- per month and for two months loss of earnings Rs.5,000/- is granted. Towards medical expenses I grant Rs.1,000/-, towards extra nourishment, damages to clothing, transport and nutritious food I award a consolidated amount of Rs.1,000/-. Rs.8,000/- is awarded towards compensation for pain and sufferings and Rs.4,000/- towards loss of amenities and enjoyment in life thus making a total sum of Rs.19,000/-, of which Rs.3,000/- is already awarded. Or in other words the claimant is entitled to an additional compensation of Rs.16,000/-.
In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,000/- with 6% interest on the said sum from the date of petition till 18.6.07 and thereafter from 21.5.09 till realisation and the respondent, 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/-