M.A.C.A. No. 302 of 2010. Case: Jijesh. P.K. S/o Vasudevan Vs Mohammed Ali K. and National Insurance Co. Ltd.. High Court of Kerala (India)
| Case Number | M.A.C.A. No. 302 of 2010 |
| Counsel | For Appellant: K.M. Jamaludheen, Adv. and For Respondents: Sarah Salvy, Adv. |
| Judges | M.N. Krishnan, J. |
| Issue | Motor Vehicles |
| Judgement Date | August 10, 2010 |
| Court | High Court of Kerala (India) |
Judgment:
M.N. Krishnan, J., (At Ernakulam)
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This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV) No. 503/2005. The claimant, a 21 year old coolie, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs. 12,250/- and exonerated the insurance company from the liability. It is against the exoneration of the company as well as the quantum, the claimant has come up in appeal.
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Heard both sides. Let me first consider about the quantum. The nature of injury sustained is really a grievous one. It is revealed that he had sustained a lacerated wound with avulsion of the right foot of 12 x 3 x 6 cms ie., a heel injury exposing the tendon. He was treated as an inpatient in the Medical College Hospital, Kozhikode for a period from 13.2.2003 to 14.3.2003. The bills would reveal that he sustained a heel pad avulsion with deep tendon injury. Local anesthesia was used for suturing and the claimant also developed mild infections after the operation. So though there is no bony injury, the injury sustained is a very serious nature and when it is on the heel, it takes long time for heeling and it would have certainly affected this 21 year old labourer in his day today life. He was in the hospital for 30 days and I feel that it is a fit case where an amount of Rs. 3,000/- at least should have been awarded towards bystanders expenses. The nature of injury, infection etc would reveal the agonising pain which the claimant had undergone and therefore, I enhance pain and suffering compensation by Rs. 3,000/- and I also award a sum of Rs. 5,000/- for loss of amenities and enjoyment in life. Certainly this young man would not have been in a position to work for 3-4 months and even in the first information statement it is seen that he is working and therefore fixing notional income at Rs. 2,500/- when three months loss of earnings is calculated, the claimant will be entitled to an additional...
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