Appellant preferred this motor accident appeal against the Motor Accidents Claims Tribunal 'Thrissur award. The Court enhanced the compensation awarded to the claimant by Rs. 5,000 and directed the respondent insurance company to deposit the amount with interest.
Awarded additional compensation of Rs. 5,000 with 7% interest and directed deposit within 60 days.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932
MACA.No. 811 of 2010()
---------------------OPMV.499/2003 of ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,THRISSUR.
APPELLANT(S): PETITIONER IN M.V.O.P.
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VINOD, S/O.VIDYADHARAN, MULLAPARAMBIL HOUSE, KAINOOR, PUTHOOR.
BY ADVS. SRI.DINESH MATHEW J.MURICKEN, SRI.P.V.BALAKRISHNAN.
RESPONDENT(S): RESPONDENTS IN M.V.O.P.
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1. C.P.KUNJUKUNJAN, PLOT NO.207, HILL GARDENS, KUTTANELLUR, THRISSUR.
2. SELBIN, CHERUVATHOOR HOUSE, HILL GARDEN, KUTTANELLUR, THRISSUR.
3. NATIONAL INSURANCE CO.LTD., THRISSUR.
R2 BY ADV. SRI.T.C.SURESH MENON R3 BY ADV. SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
M.N.KRISHNAN, J.
M.A.C.A.No.811 OF 2010
--------------------------------------------------------Dated this the 12th day of August, 2010.
JUDGMENT
This is an appeal preferred against award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV) No.499 of 2003. The claimant sustained injuries in a road accident and he was 25 years of age at the time of the accident. The injuries noted would reveal that he had sustained fracture of the ribs on the left side and a fracture of the scaphoid left and acromic clavicular sublocation left. He was treated as in patient in the hospital for a period of 3 days. The Tribunal has granted him compensation of Rs.31,700/-. He has granted Rs.15,000/- for pain and suffering and Rs.8,000/- for loss of amenities and enjoyment in life, considering the fact that he had the fracture of the scaphoid left and acromic clavicular sublocation left and ribs on the left side, he might not have been in a position to do work for three months. So, I enhance loss of earning compensation by Rs.2,500/-. Similarly, I enhance the compensation for temporary disability and loss of amenities by Rs.2,500/- making additional compensation of Rs.5,000/-.
In the result, MACA is partly allowed and claimant is
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M.A.C.A.No.811 OF 2010
awarded an additional compensation of Rs. 5,000/- with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of the judgment.
M.N.KRISHNAN, JUDGE.
mns
As recorded by the court registry
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