IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 MACA.No. 1016 of 2009() ----------------------- OPMV.1518/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV): ------------------------------------------------------------ DEVADAS,S/O.KOTTIKKAL MANIKUTTY, KADALASSERY DESOM,VALLACHIRA VILLAGE AND P.O., THRISSUR TALUK AND DISTRICT. BY ADVS. MR.P.V.BABY, MR.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OPMV. ----------------------------------------------------------------- 1. NALINI,W/O.DR.P.M.K.NAIR, "ASHADEEP",KATHIROOR P.O.,THALASSERY. 2. RATHEESH,S/O.MADAPPATT BHASKARAN, CHIYYARAM P.O. 3. THE ORIENTAL INSURANCE CO.LTD., M.G.ROAD,THRISSUR. R1 BY ADV.MR.C.P.PEETHAMBARAN R3 BY ADV.MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1016 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1518/04. The claimant, a 55 year old man, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.23,300/- of which Rs.15,350/- represents the medical expenses. It is dissatisfied with the same the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me the records relating to the treatment. The claimant was admitted in Elite Mission Hospital on 8/4/2004 and discharged on 15.4.2004. It was diagnosed as minor head injury, multiple abraded laceration left side face and multiple abrasion body. It is also seen that besides these contusions and abrasions he had contusion haematoma with peri-orbital oedema. Fortunately for him M.A.C.A. 1016 OF 2009 -:2:- the radiological examination and scan report did not reveal any serious ailment and it is also seen that even on 5/6/2004 he had visited hospital with pain on the right shoulder and radiological examination was done to over rule any fracture of the shoulder. It is true that fortunately for this man the injuries had not been very serious but he had undergone large number of tests and examinations but he had lot of facial injuries affecting the forehead, eye-brow etc. which would have certainly created apprehension in the mind and he would have also suffered pain and sufferings and loss of amenities for some point of time. So considering the large number of injuries sustained coupled with the oedema and haematoma which would have taken time to subside I am inclined to grant Rs.2,000/- more towards pain and sufferings and Rs.3,000/- towards loss of amenities and enjoyment in life, thus making an additional compensation of Rs.5,000/- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 1016 OF 2009 -:3:- Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-