IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE MR. JUSTICE M.N. KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 910 of 2006(A) --------------------------------- OPMV.3705/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ............................................ APPELLANT(S): 2ND PETITIONER ------------------------------------------------- M.DEVI, AGED 65 YRS, W/O. LATE MR. M.VASU, MAKKANCHERY HOUSE, P.O.THALAKOLATHUR, VIA ATHOLI, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS AND PETITIONERS 3 TO 6 -------------------------------------------------- 1. K.T.ALIKUTTY, S/O. IMBCHIMOIDIN, KANDILTHODUKAYIL HOUSE, VAVADU AMSOM AND DESOM, KOZHIKODE TALUK. 2. THOMAS JOSEPH, KALATHUR PLANTATIONS, KOSURINA MANA P.O., CHIKKAMANGALORE DISTRICT, KARNATAKA STATE. 3. M/S. NATIONAL INSURANCE CO. LTD., P.B.NO.47, CHERUPUSHPAM BUILDINGS, PALAI, KOTTAYAM DISTRICT. 4. M.RAHULAN, S/O. LATE MR. M.VASU, MAKKANCHERY HOUSE, P.O.THALAKOLATHUR, VIA ATHOLI, KOZHIKODE. 5. M.RAGHOOTHAMAN, S/O. LATE MR. M.VASU, MAKKANCHERY HOUSE, P.O.THALAKOLATHUR, VIA ATHOLI, KOZHIKODE. 6. RAJENDRAN, S/O. LATE MR. M.VASU, MAKKANCHERY HOUSE, P.O.THALAKOLATHUR, VIA ATHOLI, KOZHIKODE. 7. SHEENA, D/O. LATE MR. M.VASU, MAKKANCHERY HOUSE, P.O.THALAKOLATHUR, VIA ATHOLI, KOZHIKODE. ADV. SRI.NIRMAL. S FOR R1 SRI.JOE KALLIATH FOR R3 SMT.KOCHUMOL KODUVATH FOR R4 TO R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 910 OF 2006 = = = = = = = = = = = = = = = Dated this the 18h 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, Kozhikode in O.P.(MV)3705/94. The original claimant, a retired army personnel sustained injuries in a road accident. He was awarded a compensation of Rs.9,000/- and the insurance company was directed to pay the amount and get it reimbursed from the owner. It is against the decision the claimant has come up in appeal for enhancement. A perusal of the wound certificate would show that the claimant has sustained a contusion on the back near the gluteal region, a lacerated wound on the scalp and other abrasions. He was treated as an inpatient from 11.2.94 to 14.2.94 in the Primary Health Centre at Koyilandy. Thereafter he had visited the Medical College Hospital as a patient and the investigation would reveal that he had spondylotic changes with L5/S1 and L4-5 with joint arthritis. It is also stated that there was no bony injury caused by high M.A.C.A. 910 OF 2006 -:2:- velocity trauma. The doctor fixed the disability at 8% for the loss of spinal movements. It is true that the original claimant who died subsequently had a problem with the spine injury but it is not established that it was on account of the injury sustained in the accident. It appears from the medical evidence available that he had this problem earlier and most probably when there is a forceful impact on the gluteal region on a person who is having already a spondylotic problem with arthritis which means weak bones certainly it would have caused him problems and it would have affected his day-today activities. He had undergone treatment thereafter for some time which indicates pain and sufferings suffered by him. Therefore taking into consideration these aspects I am inclined to allow Rs.2,000/- more towards pain and sufferings and Rs.3,000/- towards loss of amenities and enjoyment thereby entitling an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 910 OF 2006 -:3:- Rs.5,000/- 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. It is also made clear that the insurance company is entitled to realise this amount also by way of recovery from the owner of the vehicle. M.N. KRISHNAN, JUDGE. ul/-