This court dismissed the motor accident claims appeal by the appellant, Krishna Kumar, who contested the lump sum award of Rs. 5,000. The court held that the injuries were minor and the existing award was just and reasonable.
The appeal was dismissed, maintaining the Tribunal's award of Rs. 5,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932
MACA.No. 215 of 2005()
---------------------------------OPMV.1617/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER:
-------------------------------------
KRISHNAKUMAR, AGED 31 YEARS, SON OF NARAYANA PILLAI, ORIGINALLY RESIDING AT PULIKKAPARAMBIL HOUSE, NEAR SINI THEATRE, MARADU P.O. AND NOW AT VISHNU VIHAR, CHITTEZHATHUVELI, NADAKKAVU P.O., UDAYAMPEROOR, PIN-682 307.
BY ADV. SRI.ANIL S.RAJ, SMT.NITHYA.K., SMT.MANJUSHA MOHANDAS..
RESPONDENTS/RESPONDENTS:
------------------------------------------------
1. BABU THOMAS, S/O. THOMAS, MUNDADAN HOUSE, KIDANGOOR, (VIA) ANGAMALY.
2. M.O. THOMAS, S/O. OUSEPH, MOOLEN HOUSE, EAST OF L.P.SCHOOL, SOUTH KIDANGOOR KARA, THURAVOOR VILLAGE, ALWAYE TALUK.
3. THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH II, AJAY VIHAR, M.G.ROAD, COCHIN-16.
R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
----------------------------------------------M.A.C.A.No. 215 of 2005
Dated this the 27th day of January, 2011.
J U D G M E N T
Balakrishnan, J.
The claimant in O.P.(M.V) No. 1617/97, M.A.C.T.,
Ernakulam is the appellant. It is alleged that he sustained injury in a motor accident which took place on 10.6.97. Copy of the wound certificate made available by the learned counsel for the appellant shows that the appellant had sustained only an abrasion with soft tissue loss on right parietal region, laceration on left supra clavicular region, (sutured), bruising/abrasion/contusion on right shoulder. The appellant contends that he was treated as an inpatient from 10.6.97 to 12.6.97. The learned counsel submits that the doctor certified that he has got disability also. But going through the injuries, it can be seen that no such disability
M.A.C.A.215/05 2
could be caused to the appellant due to the injuries sustained in the accident. The disability certificate alleged to have been issued by a private doctor was not proved by examining that doctor. It is also contended that the appellant had spent more than Rs.2,279.65 for the treatment in the hospital. We are not impressed by the argument advanced by the learned counsel for the appellant since the appellant had sustained only very minor injuries as noted in the wound certificate.
M.A.C.A.215/05
3
sustained in the accident was only very minor, we find that the amount of compensation already awarded is just and
reasonable and as such this appeal is only to be dismissed.
Hence dismissed.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN, JUDGE.
rka
1 issue framed by the court
Whether the lump sum compensation of Rs. 5,000 awarded for minor injuries is just and reasonable without detailed breakdown.
KRISHNAKUMAR
BABU THOMAS
M.O. THOMAS
THE NATIONAL INSURANCE COMPANY LIMITED
PIUS C. KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
