Kerala High Court
MACA/2738/2008 of KESAVAN NAIR Vs GOPALAN on 31 December 2012
HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 MACA.No. 2738 of 2008 (F) ------------------------- OPMV.685/2006 of M.A.C.T., PERUMBAVOOR APPELLANT(S):
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
MACA.No. 2738 of 2008 (F)
-------------------------
OPMV.685/2006 of M.A.C.T., PERUMBAVOOR
APPELLANT(S):
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KESAVAN NAIR, S/O. P.N. GOPALAN, LAKSHMI NIVAS, (CHAMMAYATH), IRINGOLE P.O. PERUMBAVOOR.
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT(S):
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1. GOPALAN, S/O. UNNI, DOOR NO. 30/377, KIZHAKKETHUNDIYIL HOUSE, POONITHURA P.O. KOCHI 682 308.
2. THE NEW INDIA ASSURANCE CO. LTD., 2ND FLOOR, LIC COMPLEX, MG ROAD ERNAKULAM.
R1 BY ADVS. SRI.N.C.MOHANAN SMT.REKHA C.NAIR R2 BY ADVS. SRI.JOY GEORGE SMT.PRAICY JOSEPH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VPV
S.SIRI JAGAN &
C.K. ABDUL REHIM, JJ
-------------------------------------------- M.A.C.A. No. 2738 of 2008
--------------------------------------------- Dated this the 31[st] day of December, 2012
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JUDGMENT
C.K. Abdul Rehim, J
The claimant is in appeal seeking enhancement of thecompensation awarded by the Motor Accident ClaimsTribunal, Perumbavoor in OP(MV) No.685/2006. Theappellant sustained injuries when a jeep hit against theMotor cycle on which he was riding. Due to the accident hesustained the following injuries;.
1,Compound fracture tibia and fibula left leg.
2,Lacerated wound with skin loss middle 3[rd] leg exposing bone.exposing bone.
3. Lacerated wound lateral aspect of ankle left leg.
Various discharge summary certificates produced by theappellant/claimant will indicate that he had undergoneprolonged treatment for a period of 1½ years and varioussurgeries including born grafting was done. It is revealed that the appellant underwent various procedures at differentHospitals. The injuries sustained had resulted in causingpermanent partial disability, the extent of which wasassessed by PW2- Doctor as 11%. But the learned Tribunalhad accepted permanent disability only at 8 %, despite theoral evidence of PW2 doctor. Contention of the appellant isto the effect that, reduction in the extent of disability wasmade without any basis. It is also contented that theamounts awarded under various other heads are insufficientand in adequate. According the appellant, the amount ofcompensation awarded does not commensurate with theinjuries sustained and the prolonged treatment undergone.
2. On a reappraisal of the impugned award as well asthe evidence on record, we are of the considered of theopinion that the findings of the Tribunal in causing reductionin the extent of disability from 11 % to 8%, has no basis.Therefore, we are inclined to re-fix the compensation underthe head of permanent disability at Rs.13,200/-, instead of Rs. 9,600/- awarded (2000x12x5x11%). This will entitle theappellant for an enhancement of the compensation by asum of Rs.3,600/-.
3. Considering the prolonged treatment and the severe pain and sufferings undergone by the appellant, we are ofthe opinion that the award of Rs.25,000/- towards pain andsufferings is inadequate. We enhance the amount ofcompensation by a further sum of Rs.10,000/-. The Tribunalhas not awarded any amount as compensation for loss ofamenities and enjoyment in life. We are inclined to award asum of Rs.5,000/- on that count. Thus the amount ofcompensation awarded by the Tribunal will stand enhancedby a further sum of Rs.18,600/-
4. In the result, the appeal is allowed in part,enhancing the compensation by a further sum of Rs.18,600/-which will carry interest @ 9% per annum from the date ofthe claim till realisation .
5. The second respondent Insurance company is
directed to make deposit of the amount within a period oftwo months from the date of receipt of a copy of thisjudgment, before the Tribunal.
No order as to costs.
S.SIRI JAGAN, JUDGE,
C.K. ABDUL REHIM, JUDGE