IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 MACA.No. 1600 of 2009() ------------------------------- OPMV.314/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ RASHEED.K.A., AGED 22 YEARS, S/O.ABDULLAKUTTY.K.U., KAILADIKKAL HOUSE, MANALVAYAL P.O., PULPALLY (VIA), S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. MR.N.J.ANTONY RESPONDENT(S): RESPONDENT ------------------------- 1. DIPU.A.T., AGED 23 YEARS, S/O.THOMAS, ARAKKAL HOUSE, MANALVAYAL P.O., PULPALLY (VIA), S.BATHERY TALUK, (DRIVER OF BUS NO.KL-12B/3992. D.L.NO.NOT KNOWN). 2. KUNJAMMED, AGE NOT KNOWN, S/O.ABOOBACKER, KARIKUZHI HOUSE, PANAMARAM P.O., WAYANAD DISTRICT, (OWNER OF BUS NO.KI-12B/3992). 3. NATIONAL INSURANCE CO. KALPETTA, (POLICY NO.570305/31/02/6305676). 3R3 BY ADV. MR.RAJAN .P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1600 OF 2009 = = = = = = = = = = = = = = = Dated this the 29th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)314/03. The claimant, a 27 year old young man and bus conductor by profession sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.5,750/-. Dissatisfied with the same the claimant has come up in appeal. 2. The learned counsel had made available before me a copy of the wound certificate as well as the copy of the application. A reference to paragraph 7 of the award would reveal that the claimant was referred to the Medical College Hospital from the local hospital at Wayanad and he had undergone inpatient treatment there for a period of 20 days, i.e. from 3.6.2003 to 23.6.03. The wound certificate itself would reveal that he had sustained a contusion on the left forehead. Paragraph 11 of the petition would reveal that on M.A.C.A. 1600 OF 2009 -:2:- diagnosis it was found to be a linear fracture on the parietal area with haematoma in and around that area. The fact that he was admitted and had undergone treatment in the hospital for 20 days itself would reveal that it had taken almost 20 days for becoming normal. Therefore taking into consideration these aspects I am inclined to enhance the compensation on the following heads. 3. Being a conductor that too in the year 2003 his income can be fixed at Rs.2,500/- and he would not have bern in a position to work at least for six weeks which means he is entitled to a compensation of Rs.3,750/-. Since Rs.1,000/- is granted the additional compensation would come to Rs.2,750/-. Similarly, the Tribunal has awarded only a sum of Rs.500/- towards medical expenses for the nature of injuries sustained. It is certain that scan and other radiological examination would have been necessary and therefore an amount of Rs.1,500/- is awarded thereby increasing it by Rs.1,000/-. Similarly he as in the hospital for 20 days and towards bystanders expenses I allow a sum M.A.C.A. 1600 OF 2009 -:3:- Rs.1,250/-. The claimant has sustained, as stated earlier, a very small fracture with haematoma all over the occipital area. Therefore I enhance the compensation for pain and sufferings by Rs.3,000/- thereby the claimant is entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7.5% 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/-