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SHEREENA, AGED 22 YEARS versus SASEENDRAN.P., S/O.VELAYUDHAN NAIR

High Court of Kerala

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SHEREENA, AGED 22 YEARS v. SASEENDRAN.P., S/O.VELAYUDHAN NAIR - MACA No. 1433 of 2006 [2007] RD-KL 15935 (17 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 1433 of 2006()

1. SHEREENA, AGED 22 YEARS,
... Petitioner

Vs

1. SASEENDRAN.P., S/O.VELAYUDHAN NAIR,
... Respondent

2. BABU RAJAN.A.,

3. UNITED INDIA INSURANCE CO. LTD.,

For Petitioner :SRI.SUNNY MATHEW

For Respondent :SRI.PMM.NAJEEB KHAN

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice V.GIRI

Dated :17/08/2007

O R D E R

J.B.KOSHY & V.GIRI, JJ.

M.A.C.A.1433 OF 2006 Dated 17th August, 2007

JUDGMENT

Koshy,J.

Appellant, at the age of 10, met with an accident by which she sustained injuries on her right leg, right palm and right ankle. She was treated as an inpatient in the Medical College Hospital, Kozhikode. It is submitted that she was studying in the fifth standard at the time of the accident and she has to discontinue her studies. Tribunal has taken the annual notional income of Rs.15,000/=. Taking guidance from the second schedule, 15 was taken as the multiplier and compensation for 20% disability was calculated at Rs.45,000/=. For disfiguration Rs.20,000/= and for pain and suffering Rs.15,000/= were granted. Further, it is submitted that even now the wound is not healed and she is under regular treatment. It is also submitted that only Rs.2,500/= was awarded towards future treatment which is very low and no amount was awarded for loss of studies. Since she has to discontinue her studies, we are of the opinion that Rs.5,000/= can be awarded for discontinuation of studies and Rs.2,000/= more can be awarded for future treatment. Under all other heads just and reasonable compensation was awarded. Thus, the appellant is entitled to an additional amount of Rs.7,000/=. MACA.1433/2006 2 The above amount of Rs.7,000/= should be deposited by the third respondent insurance company with seven and a half percent interest from the date of application till its deposit. The appeal is partly allowed. J.B.KOSHY

JUDGE

V.GIRI

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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