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Robert

High Court Of Kerala|10 December, 2014
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JUDGMENT / ORDER

The appellant sustained injuries in a motor accident. The vehicle had been insured with the second respondent. The Tribunal found that the accident was due to the negligence of the driver and the appellant is entitled to compensation. The second respondent was directed to pay it. The Tribunal fixed the compensation at Rs.30,800/-. The appellant is not satisfied with the amount. 2. Heard.
3. The appellant sustained the following injuries: SAH right sylvian fissure and right compound cortical sullci, fracture with hemosinus of the left maxillary, left spenoidal and bilateral ethimodial, sinuses and contusion on right shoulder. He was treated as an inpatient for 14 days. The amounts awarded under the heads transport to hospital, extra nourishment, damage to clothings, bystanders expenses, pain and suffering and loss of amenities of life M.A.C.A. No.2324 of 2014 appear to be reasonable.
-2-
4. The appellant was 65 years old at the relevant time. He is a retired bank employee. In the absence of any evidence his income was fixed at Rs.3,000/- and he was granted two months income under the head loss of earnings. It appears that he could not have done his normal work for three months. So he is entitled to get Rs.3,000/- more under this head.
In the result, this appeal is allowed in part. The appellant is allowed to recover from the second respondent Rs.3,000/- (Rupees three thousand only) in addition to the amount awarded by the Tribunal with interest at the rate mentioned in the award of the Tribunal. The second respondent will not liable to pay interest for 345 days.
Sd/-
K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/
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Title

Robert

Court

High Court Of Kerala

JudgmentDate
10 December, 2014
Judges
  • K Abraham Mathew
Advocates
  • V S Chandrasekharan Smt Lekshmi
  • Swaminathan