IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MFA.No. 1515 of 2001(C) ---------------------------------- OPMV.1384/1995 of IIND ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: PETITIONER ------------------- RAMACHANDRAN NAIR, MULAKKAL PUTHEN VEEDU, MANAKKARA MURI, SASTHAMCOTTA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.R.REJITHKUMAR RESPONDENTS: RESPONDENTS ----------------------- 1. V.SASI, S/O. VASU, VAYALIL KANDATHILTHEKKETHAVAYIL, ADINADU SOUTH, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. S.RAJU, S/O. SADANANDAN, THOTTAPARAMBIL VEEDU, PATTATHANAM, KOLLAM. 3. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, AISWARYA, KAYAMKULAM BY ADV. SRI.E.M.JOSEPH - R3 SMT.K.SUNITHA VINOD - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MFA No.1515 OF 2001 ===================== Dated this the 20th day of June 2008 JUDGMENT This appeal is preferred against award of the II Addl. Motor Accidents Claims Tribunal, Kollam in O.P.(MV)No.1384 of 1995 wherein the claimant sustained injuries in a road accident. He was working as a Sub Group Officer in the Travancore Devaswom. The Tribunal awarded him a total compensation of Rs.9,500/- and it is against that decision the present appeal is filed. 2. Heard the counsel for the appellant as well as the counsel for the first respondent. A perusal of the would certificate would reveal that the claimant had suffered an extensive lacerated wound 9 x 2 cms deep into the scalp on the left side of frontal area, 8.5 x 2 cms deep into the left parietal area. Besides this he had abrasions on right knee region, left knee region, left lower end of upper arm, etc. He was treated in the hospital for 26 days. The Tribunal awarded him only a compensation of Rs.9,500/-. Since he was in the hospital for 26 days the Tribunal found that he is to be compensated at least for one month after finding that his income was MFA 1515/2001 -:2:- Rs.3,000/-, but had granted only Rs.1,000/- and therefore the balance amount of Rs.2,600/- has to be granted. Similarly, the Tribunal rejected the scan bill for Rs.2,200/- on the ground that the Doctor has not prescribed for a scan. The very nature and deep injuries on the scalp is sufficient to prove that a scan would have been recommended and under ordinary circumstances nobody would go and take a scan without a reference. Therefore, I accept Ext.A8 and award a sum of Rs.2,200/- under that head. He was in the hospital for 26 days and pain and suffering compensation is given as Rs.5,000/- which I feel is too inadequate considering the length of treatment and nature of injuries. I therefore enhance it by Rs.2,000/-. Certainly on account of such a lacerated injury with suspected head injury he would have loss of amenities and enjoyment in life for at least some time for which I award a sum of Rs.2,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.8,800/-. Therefore MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,800/- with 7% interest on the said sum from the date of petition till realisation. The insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of MFA 1515/2001 -:3:- this judgment. M.N.KRISHNAN, JUDGE Cdp/-