IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 408 of 2002() ------------------------------- OPMV.670/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: CLAIMANT ------------------- ABDUL SALAM S/O.MUHAMMADU KUNJU, AMBELETHIL PADINJATTATHIL,MUKUNDAPURAM,CHAVARA. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. M.D.THOMAS S/O.DEVASSIA,MUTHEDOTH HOUSE KOCHUMMANNAM,KALPATTA. 2. THE MANAGER,NEW INDIA INSURANCE COMPANY LTD. CHINNAKKADA,KOLLAM. 3. LAKSHMANAN S/O.KRISHNAN,KARINGACHERIL VEEDU,KOODALLOOR,NEELAGIRI. BY ADV. SRI.JOHN KOSHY FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 408 OF 2002 = = = = = = = = = = = = = = = Dated this the 26th day of May 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in OP(MV) 670/94. The claimant sustained injuries in a road accident and he was awarded a total compensation of Rs.15,000/- with 9% interest. He had claimed a compensation of Rs.75,000/-. I had perused the award. He had sustained innumerable number of abrasions and contusions all over the body besides a lacerated wound. The C.T. Scan revealed cerebellar haemorrage. A further perusal of the award would reveal that the C.T. Scan revealed blood has been collected on the tentorium cerebelli and the patient developed visual errors and post traumatic headache. It is true that there is no disability certificate produced in this matter. But the fact remains that on account of the injuries sustained on the head he had developed visual errors and post traumatic headache. The MFA 408 2002 -2- Tribunal has awarded a compensation of only Rs.3,000/- towards loss of earning for a period of two months. I feel this is quite inadequate in the light of the fact that he had developed post traumatic problems after the accident. I increase it by Rs.2,000/-. Similarly, on account of the nature of injury including brain affection he should have suffered excruciating mental agony as well as physical agony. Therefore I enhance the compensation for pain and sufferings by another Rs.2,500/-. For the prolonged treatment the medical expenses awarded is too low especially in the light of the fact that he had undergone treatment in a private hospital as well. Therefore I increase it by Rs.1,000/-. On account of the post traumatic headache and visual errors certainly there would have been loss of amenities and enjoyment in life for him for a considerable period which also has not been taken note of by the Tribunal and therefore I award a sum of Rs.3,500/- for the same. So the total additional compensation the claimant is entitled to will be Rs.9,000/-. Therefore the appeal is partly allowed and the claimant is awarded an MFA 408 2002 -3- additional compensation of Rs.9,000/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent namely the insurance company is bound to deposit that amount within a period of 60 days from the date of receipt of the copy of the judgment. M.N. KRISHNAN, JUDGE. ul/- MFA 408 2002 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 408 OF 2002 = = = = = = = = = = = J U D G M E N T 26th May, 2008.