IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1515 of 2004(D) ------------------------ MVOP.1259/1998 of MACT, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------------- GANGADHARAN T., S/O. THEKKATT KUTTAPPAN NAIR, AVITTATHOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS: RESPONDENTS -------------------------------------------------- 1. SAJAN S/O. CHETHALAN JOHNY, ELINJIPRA P.O., CHALAKUDY, THRISSUR DISTRICT (OWNER) 2. DAVIS, S/O. PERUMBILLY DEVASSY, KARUVANNUR P.O., THRISSUR DISTRICT (DRIVER) 3. THE MANAGER, THE UNITED INDIA INSURANCE CO.LTD., IRINJALAKUDA BRANCH, IRINJALAKUDA. BY ADV. SRI.P.R.RAMACHANDRA MENON - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1515 OF 2004 ===================== Dated this the 24th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1259 of 1998. The claimant sustained injuries on the leg and he had undergone treatment in 3 hospitals right from the Government Hospital to St.James Hospital, Chalakkudy. When he was admitted in St.James Hospital, there were multiple ulcers on the left foot with cellulites. He was treated as an inpatient for 12 days. The disability certificate was produced for 6%. The Tribunal did not accept it. Learned counsel had made available before me the certificate for perusal. I also agree with the Tribunal that the certificate lacks details and reasoning. But the factum that on account of the injury sustained in the left leg, he had undergone treatment for a long time has to be born in mind while awarding compensation. It is seen that he was not able to do any work for a period of 3 months. Therefore I enhance the compensation by Rs.1,500/- for loss of earning. He had produced medical bills for an amount of Rs.2,753/-. But the Tribunal award him only Rs.2,500/-. I enhance it by Rs.500/-. For pain and MACA 1515/2004 -:2:- suffering, Rs.5,000/- is already awarded. It is equally true that the accident is of the year 1995 but the fact that he had undergone treatment for a prolonged period an amount of Rs.1,000/- is granted towards pain and suffering. Towards loss of amenities and enjoyment in life, only Rs.3,000/- is granted by the Tribunal, which also is inadequate for a prolonged ulcerated wound on the leg. For that I award him a compensation of Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- 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 this judgment. M.N.KRISHNAN, JUDGE Cdp/-