Kerala High Court
MACA/2641/2009 of TONY Vs JIJO JOSE & OTHERS on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE MR.JUSTICE HARUN-UL-RASHID MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 MACA.No. 2641 of 2009 ( ) ------------------------- OPMV.281/2005 of MACT, IRINJALAKUDA APPELLANT/PETITIONER IN OPMV: ----------------------------- TONY S/O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE MR.JUSTICE HARUN-UL-RASHID
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
MACA.No. 2641 of 2009 ( ) -------------------------OPMV.281/2005 of MACT, IRINJALAKUDA
APPELLANT/PETITIONER IN OPMV:
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TONY S/O. KULANGARA KOCHAPPAN, NEAR CHURCH, PARIYARAM VILLAG AND P.O. MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS IN OPMV:
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1. JIJO JOSE, MAMMINISSERY HOUSE PARIYARAM WEST, ERNAKULAM DISTRICT. PARIYARAM WEST, ERNAKULAM DISTRICT.
2. TONY JOSEPH, S/O. KALLELY JOSEPH PARIYARAM.P.O. PARIYARAM.P.O.
3. THE NATIONAL INSURANCE CO. LTD., M.G.ROAD KOCHI. M.G.ROAD KOCHI.
4. D.R.BABY 40/7383, MEENAKSHI ESTATE RAJAJI ROAD, KOCHI. RAJAJI ROAD, KOCHI.
R3 BY ADV. SRI.P.JAYASANKAR(B/O,NO MEMO)
THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING BEEN FINALLY HEARDON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID,J.
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M.A.C.A.NO. 2641 OF 2009-------------------------DATED THIS THE 31ST DAY OF DECEMBER, 2012
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JUDGMENT
Claimant is the appellant. The appeal is filed challengingthe award in O.P.(MV).No.281/2005 on the file of the Motor AccidentsClaims Tribunal, Irinjalakuda.The Tribunal awarded compensationof `29,200/-.
2. The accident occurred on 26/9/2004 while the appellantwas travelling as a passenger in the Maruti car. The appellant limitedhis claim for `50,000/- as compensation. The Tribunal considered theevidence on record and held that the appellant is entitled to get anamount of `29,200/- as compensation with 7% interest per annum. TheTribunal relied on Ext.A3 wound certificate and Ext.A4 discharge card.The discharge card shows that the claimant was in the hospital asinpatient for two days. The Tribunal accepted Ext.A5 medical bills andvouchers and granted `7,250/- towards medical expenses. Consideringthe nature of the injuries and the probable extent and measure of pain MACA.No.2641/2009
and discomfort undergone by the claimant the Tribunal granted anamount of `10,000/- as compensation for pain and suffering and`5,000/- for discomfort and loss of amenities. The Tribunal alsogranted three months' income at the rate of `2,200/- per month forloss of income. The appellant contended that he sustainedpermanent disability and therefore he is entitled to get an amountof `25,000/- as compensation. The Tribunal did not go into thequestion of disability for want of evidence. The disabilitycertificate and the salary certificate said to have been produced arenot marked. The Doctor, who issued the certificate, was also notexamined.
In the circumstances, the Tribunal is justified ingranting the relief on the basis of the documents relied on by theclaimant. The appeal is devoid of any merit and is accordinglydismissed.
kcv.
HARUN-UL-RASHID, JUDGE.