IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 MACA.No. 1430 of 2007(F) ------------------------------- OPMV.508/2002 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER ---------------------------------- GOPINATHAN. M.K., S/O. KUMARAN, AGED 51 YEARS, MOOSAMIKKANDI HOUSE, P.O. WEST HILL, CALICUT-5. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.K.B.SAJEESH SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENTS/RESPONDENTS: ------------------------------------------ 1. BHAGWAN GANAPATH JAGDALE, 312-BRAHMA NIVAS, DR.S.P.N. ROAD, BELGALUM-01, (OWNER OF THE LORRY BEARING NO. KA 22A/5529) 2. V.N.DHALEEP, S/O. VICTOR NATHU DHALEEP, P.O. MUKKAM, SATHARA, THONDALI TALUK, MAN DISTRICT, MAHARASHTRA. (DRIVER OF THE LORRY BEARING NO. KA 22/A-5529) 3. THE NEW INDIA ASSURANCE CO. LTD., HERLEY HOUSE, 2ND FLOOR, J.M.HEREDIA MARG, BALLAD ESTATE, MUMBAI-400 001 (INSURER OF LORRY BEARING NO. KA-22/A 5529) BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1430 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)508/02. The claimant, a fisherman by profession sustained two lacerated wounds of 7 x 2 x 1 cm. on the frontal region and 5 x 2 x 1 cm. on the temporal region. The scan report reveal hemorrhagic contusion in the anterior frontal region without significant mass. He was treated as an inpatient for 10 days. The Tribunal awarded him a compensation of Rs.10,000/-. Dissatisfied with the same the claimant has come in appeal. 2. Heard the counsel for the appellant. It can be seen that he had two long lacerated wounds coupled with contusion revealed by the scan report. He was treated as an inpatient for 10 days. Considering the fact that he is a fisherman who has to do very hard work certainly he would have been prevented from doing any work for two months. Therefore I enhance the loss of earnings by two months, M.A.C.A. 1430 OF 2007 -:2:- i.e.Rs.2,000/-. Certainly, he would have suffered pain and anxiety on account of the injuries sustained in the head. I award Rs.2,000/- towards the same and certainly there would have been some temporary disabilities and loss of amenities and enjoyment in life to him for which I grant Rs.2,000/- thereby awarding an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 6% 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/-