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NATIONAL INSURANCE COMPANY LTD. versus RAJAN, S/O.KRISHNAN NAIR

High Court of Kerala

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NATIONAL INSURANCE COMPANY LTD. v. RAJAN, S/O.KRISHNAN NAIR - MACA No. 554 of 2006 [2007] RD-KL 3301 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 554 of 2006()

1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner

Vs

1. RAJAN, S/O.KRISHNAN NAIR,
... Respondent

For Petitioner :SRI.RAJAN P.KALIYATH

For Respondent :SRI.N.J.ANTONY

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :14/02/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.

M.A.C.A .NO. 554 OF 2006 Dated 14th February 2007

J U D G M E N T

Third respondent insurance company is challenging the award passed by Motor Accidents Claims Tribunal, Kalpetta in favour of first respondent claimant in O.P.(MV).916/2000 who sustained injury in a motor accident on 5/3/2000 at about 1.45 p.m. Award was challenged on the ground that first respondent sustained only a swelling on left side of forehead as is clear from Ext.A3 wound certificate and compensation of Rs.15,400/- awarded is excessive.

2. Adv.Mr.Antony appeared for respondent. Learned counsel appearing for appellant and respondent were heard.

3. Ext.A3 wound certificate (copy of which was made available by learned counsel appearing for appellant) shows that the only injury sustained by appellant was swelling on left side of forehead. It does not show that respondent was even treated as inpatient. In the nature of injury there is no 2 necessity to treat him as inpatient. No other evidence was adduced by respondent to show expenses for transportation or for treatment. Unfortunately, Tribunal awarded compensation of Rs.5,000/- for loss of earnings, Rs.300/- for damages to clothing, Rs.600/- for extra nourishment, Rs.500/- for transportation charges and Rs.1,000/- for by-standers expenses. The award is undoubtedly, unconstitutionally excessive. Award is therefore set aside. Respondent is entitled to get compensation of Rs.3,000/- for pain and sufferings and Rs.1,500/- towards treatment expenses, damages to clothing, transportation charges etc. Respondent is entitled to get only a compensation of Rs.4,500/-.

4. Appeal is allowed. Award passed by M.A.C.T, Kalpetta in O.P.(MV) 916/2000 is set aside. An award is passed granting a total compensation of Rs.4,500/- with interest at 6% per annum from the date of filing of petition. Appellant has deposited Rs.7,700/- before the Tribunal. Respondent is entitled to withdraw the compensation from the amount and if there is excess appellant is entitled to withdraw the same. M.SASIDHARAN NAMBIAR,

JUDGE.

uj.


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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