Partly allowed

Sini (Minor) Rep. by Shaji Kumar v. R. Prabhulla Chandra Raj & Others

Kerala HC4 Feb 2009MACA/1817/2007

Case brief

AI extract

What is this about?

A MACA appeal where the High Court enhanced the compensation awarded to a 10-year-old minor injured in a road accident. The court found the original pain and suffering component inadequate and the loss of earning power component improper, granting additional compensation for disability, loss of amenities, and suffering with interest.

What did the court decide?

Additional compensation of Rs. 10,000/- awarded with 6% interest from the date of petition. Insurance company directed to deposit the amount within sixty days of receiving the judgment copy.

Sini (Minor) Rep. by Shaji Kumar Vs R. Prabhulla… — Motor Accident Claims | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930

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MACA.No. 1817 of 2007(A)

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---------------------------------OPMV.346/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR

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APPELLANT(S): /PETITIONER

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----------------------------------

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SINI, AGED 10 YEARS(MINOR), REPRESENTED BY HER GUARDIAN AND NEXT FRIEND SHAJI KUMAR, CHARUVILAPUTHEN VEEDU, VELLAMPARA, NILAMEL P.O.

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BY ADV. SRI.R.ARUN RAJ

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RESPONDENT(S): RESPONDENTS

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--------------------------------------

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1. R.PRABHULLA CHANDRA RAJ, S/O K.RAGHAVAN, BHASURA VILASAM BANGLOW, KATTUPUTHUSSERY, NAVAIKULAM, THIRUVANANTHAPURAM.

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2. VINOD.S, S/O V.SURENDRAN, DEEPAM D.S., KOLAKUZHY VEEDU, PARIPALLY, KOLLAM.

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3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, LIC BUILDING, CHINNAKADA, KOLLAM.

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ADV. DR.ELIZABETH VARKEY FOR R3

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J.

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= = = = = = = = = = = = = = M.A.C.A. NO. 1817 OF 2007 = = = = = = = = = = = = = = = Dated this the 4^th day of February, 2009

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J U D G M E N T

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This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)346/03. The claimant, a 10 year old child sustained injuries in a road accident and she has been awarded a total compensation of Rs.30,240/-. It is against that decision the claimant has come up in appeal for enhancement.

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Heard the counsel for the appellant as well as the

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insurance company. A perusal of the award would reveal that the young girl had sustained a fracture on the femur and a fracture on the radius of the left hand. She was admitted in the hospital on 14.11.02 and discharged on 6.12.02. The Tribunal fixed the disability at 7% whereas the Doctor had certified it at 9%. The Tribunal has also observed that the fracture of the femur has united but there is limitation of movement and there is shortening of the lower limb and difficulty in squatting. I feel the compensation awarded for

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M.A.C.A. 1817 OF 2007 -:2:-

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pain and sufferings is grossly inadequate when compared with the agony which the child had undergone. The child was under tibial traction. She had been under paster cast and both her limbs namely leg and the hand were badly affected and therefore considering the nature of injuries, the treatment and sufferings undergone I am inclined to enhance the pain and sufferings compensation by Rs.7,500/-. The Tribunal had given the disability compensation along with the compensation for loss of earning power. It is not proper. It has to be only disability compensation and over and above this at least some small amount has to be granted for loss of amenities and enjoyment in life for which I award Rs.2,500/under that head thereby the claimant will be entitled to an additional compensation of Rs.10,000/-.

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In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 6% interest on the said sum from the date

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M.A.C.A. 1817 OF 2007

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-:3:-

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of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days

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from the date of receipt of a copy of the judgment.

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M.N. KRISHNAN, JUDGE.

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ul/-

Sini (Minor) Rep. by Shaji Kumar v. R. Prabhulla Chandra Raj & Others

Case brief

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Sini (Minor) Rep. by Shaji Kumar v. R. Prabhulla Chandra Raj & Others

Case brief

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