IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 MACA.No. 312 of 2006() ---------------------- OPMV.880/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SURESH, AGED 25 YEARS, S/O.KUNHIKANNAN, R/AT BARE PARAKKLADAVU, P.O.BARA, UDUMA VIA, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. VINODKUMAR, AUTO DRIVER, S/O.RAMAN P.BARA POST, MEETHAL, MANGAD HOUSE, KASARAGOD TALUK. 2. RAMAN P., S/O.RAMAN MANIYANI, BARA POST, MEETHALE, MANGAD HOUSE, UDUMA-VAI, KASARAGOD DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, MARINE SHOPPING CENTER, NATIONAL HIGHWAY, THALIPARAMBA, KANNUR DISTRICT. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R SRI.P.JACOB MATHEW FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. ------------------------------------ M.A.C.A. No.312 of 2006 ------------------------------------- Dated this the 18th day of February, 2009 JUDGMENT BASANT, J. Claimant before the Tribunal is the appellant before us. He claimed an amount of Rs.2 lakhs as compensation for personal injuries suffered in a motor accident, which occurred on 04.02.01. He claims to be employed as a concrete mesthiri. He suffered injuries including one serious injury, ie. loss of a part of right parietal bone with exposed dura with underlying right parietal contusion. He was an inpatient for a period of 21 days. He produced medical bills to show that he incurred expenses to the tune of Rs.33,000/-. A disability certificate was produced which shows that loss of part of the parietal bone and the hairless scar on the head has resulted in cosmetic disability. 2. Exts.A1 to A8 and Ext.X1 were marked. No oral evidence was adduced. The Tribunal taking into account all the relevant circumstances proceeded to award an amount of Rs.62,150/- as per the details referred to in paragraphs 3 to 12 of the impugned award. M.A.C.A. No.312 of 2006 2 3. The appellant claims to be aggrieved by the impugned award. Called upon to explain the precise nature of challenge which the appellant wants to mount against the impugned award, the learned counsel for the appellant submits that in any view of the matter an amount of Rs.10,000/- awarded as compensation for the disability suffered is too inadequate and insufficient. There has been loss of a part of the parietal bone. The hairless scar on the right parietal area is found to be present under Ext.X1. Even assuming that this has not resulted in reduction in earning capacity, the nature of the disability - loss of part of the parietal bone with hairless scar on the right parietal region, must have persuaded the Tribunal to realistically award a higher amount of compensation under the head of disability. Even assuming that only cosmetic disability has resulted, it cannot be lost sight of that the loss of parietal bone shall have bearing and reflection on the general health of the appellant. In any view of the matter the amount awarded under that head deserves upward modification, contends the counsel. M.A.C.A. No.312 of 2006 3 4. We have considered the materials available to ascertain the nature of the injury and the result which the injury has caused. Taking all the relevant circumstances into account, we are satisfied that the injury suffered on the right parietal area resulting in loss of a part of the parietal bone and the consequent cosmetic disability can be taken into account and an amount of Rs.17,500/- can be fixed as the quantum of compensation payable under the head of disability. 5. The appellant consequently will be entitled to a further amount of Rs.7,500/- Rupees Seven thousand five hundred only) in addition to the amounts already awarded by the Tribunal. The entire amount shall carry interest as already directed by the Tribunal. 6. In the result, this appeal is allowed in part to the above extent. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/-