Full Judgment
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE17H DAY OF JANUARY201427TH POUSHA, 1935 MACA.No. 991 of 2011 ( ) ------------------------- APPELLANT/PETITIONER: ----------------------------------- RAVI, AGED45YEARS S/O.KRISHNAN, GEETHA BHAVAN WEST OF DAIVAM HOTEL PATHIRAPPALLY, ALAPPUZHA. BY ADVS.SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THOMAS OUSEPH, S/O.OUSEPH PULIMOOTTIL HOUSE KALAPPURA WARD, ALAPPUZHA-7.
2. BAIJU,S/O SYED MUHAMMAD FATHIMA MANZIL, POWER HOUSE WARD, ALAPPUZHA.
3. NATIONAL INSURANCE CO.LTD ALAPPUZHA REP BY ITS MANAGER. R3 BY ADV. SRI. M A GEORGE, SC (BY ORDER
, NO MEMO) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON1701-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD S.S. SATHEESACHANDRAN, J., --------------------------------------- M.A.C.A. No.991 OF2011--------------------------------------- Dated this the 23rd day of January, 2014 JUDGMENT
Claimant has filed this appeal challenging the quantum of compensation fixed by the tribunal as inadequate. He was the driver of one of the two vehicles involved in the occurrence. Claim for compensation was canvassed by him as against the driver, owner and insurer of the other vehicle involved in the occurrence imputing negligence on the driver of that vehicle. Other than the police records relating to crime registered over the accident claimant produced his discharge card, O.P. ticket and receipt issued towards the medical expenses incurred for his treatment. Tribunal on such materials assessed compensation payable to him after coming to a finding that accident arose by the fault of driver of the other vehicle placing reliance on the police records produced. Claimant was awarded compensation of Rs.19,185/- with interest @6% per annum directing insurance company to pay such sum. Compensation awarded is impeached in the appeal as inadequate. M.A.C.A. No. 991/2011 2 2. Heard learned counsel for petitioner and also counsel for third respondent. Learned counsel for petitioner/appellant submitted that one among the injuries suffered by petitioner was communited fracture of his right patella. Despite treatment records produced proving such injury claimant was not awarded any sum towards loss of earning, is the submission of counsel. Claimant has claimed earning capacity of Rs. 5,000/-, but, no material was tendered in support thereof. Treatment records produced by him indicated that he underwent treatment as an inpatient for nine days. Considering the nature of injury suffered, I am inclined to hold that he could not have engaged himself in work for a period of three months. Considering his age it is reasonable to hold that he was having income potentiality of Rs.4,000/- per month. Towards loss of earning for 3 months period, I find that he is entitled to have a compensation of Rs.12,000/-. The other claims considered and awarded by tribunal do not call for any modification as it is seen that just and reasonable compensation has been provided thereto. Claimant is found entitled to have additional compensation of Rs.12,000/- M.A.C.A. No. 991/2011 3 towards loss of earning. The sum shall be paid by the third respondent, insurance company with 6% interest from the date of application depositing it before the tribunal within one month. Appeal is partly allowed. Sd/- S.S. SATHEESACHANDRAN JUDGE sd // True Copy // P.A. to Judge