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BIJU.V., S/O. VASUDEVAN PILLAI versus ANIL KUMAR S/O. KARUNAKARAN

High Court of Kerala

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BIJU.V., S/O. VASUDEVAN PILLAI v. ANIL KUMAR S/O. KARUNAKARAN - MACA No. 5 of 2003 [2006] RD-KL 1518 (6 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 5 of 2003()

1. BIJU.V., S/O. VASUDEVAN PILLAI,
... Petitioner

Vs

1. ANIL KUMAR S/O. KARUNAKARAN,
... Respondent

2. THE BRANCH MANAGER,

For Petitioner :SRI.N.VIMALAN

For Respondent :SRI.E.R.VENKATESWARAN

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice M.N.KRISHNAN

Dated :06/11/2006

O R D E R

J.B.KOSHY & M.N.KRISHNAN, JJ.

M.A.C.A.NO.5 OF 2003 Dated 6th November, 2006

JUDGMENT

Krishnan,J

. This is an appeal preferred against the award of the Motor Accidents Claims Tribunal in O.P.(M.V)No.259/1998. On account of a road accident the claimant sustained fracture of the skull and the Tribunal has awarded a compensation of Rs.21,868/=. It is against that decision the present appeal is filed.

2. Heard learned counsel for the appellant. It is seen that the appellant had sustained fracture of the skull and was an inpatient in the hospital and was unconscious for 28 days. The scan report reveals the fracture as well as oedema. The appellant has also produced a disability certificate showing that he has sustained 3% permanent disability. The Tribunal has taken his income at Rs.1,400/= and awarded the compensation. However, it is seen that an amount of Rs.5,000/= alone is granted for pain and sufferings. Considering the injury and fracture on the head and the prolonged treatment, we award Rs.5,000/= more towards pain and sufferings. Certainly on account of the fracture of the skull and the factum of being unconscious for 28 days one MACA.5/2003 2 cannot rule out the difficulty for him and, therefore, there will be loss of amenities and enjoyment in life. No amount is awarded under that head. We award a further sum of Rs.5,000/= under that head. The Tribunal has awarded reasonable compensation under all other heads. In the result, the appeal is partly allowed. The claimant is awarded an additional compensation of Rs.10,000/= with 7% interest on the said sum from the date of petition till realization and the second respondent Insurance Company is directed to deposit the same within two months from the date of receipt of a copy of this judgment. J.B.KOSHY

JUDGE

M.N.KRISHNAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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