IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 MACA.No. 219 of 2009() -------------------------------- OPMV.44/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER ------------------------------------- RABEESH, S/O.BALAN, AGED 18 YARS, VAYALIL KUNNU HOUSE, P.O.CHEEKKILODE, KOZHIKODE. BY ADV. MR.R.PARTHASARATHY RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. K.V. HAREESH KUMAR, S/O.NARAYANAN, 111/322, P.O.MOODADI, KOYILANDY. 2. RASNAJITH, S/O.RAGHAVAN, AGED 21, RASNALAYAM HOUSE, NANMINDA AMSOM, OLAYAMMAL DESOM, P.O.NANMINDA, KOZHIKODE DISTRICT. 3. THE UNITED INIDA INSURANCE CO.LTD., BRANCH OFFICE, KALLINGAL BUILDING, P.B.NO.17, MAIN ROAD, VATAKARA. 4. NARAYANAN, KUTTIPARICHAVAYAL HOUSE, 111/322, P.O.MOODADI, KOYILANDY TALUK 5. NARAYANI, W/O.NARAYANAN, KUTTIPARICHAVAYAL HOUSE, P.O. MOODADI, KOYILANDY. R3 BY ADV. MR.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.219 OF 2009 ............................................. Dated this the 8th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.44/2002. The claimant an 18 year old student sustained injuries in a road accident and the Tribunal has awarded him a global compensation of Rs.6,000/=. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the reference card issued by the Medical College Hospital, Kozhikode would reveal that he had sustained fracture of both parietal bones and a clavicle fracture. There was also a sub arachnoid heamerage. He was treated as an inpatient in the hospital from 25.7.2001 to 9.8.2001. A surgery was also done on 25.7.2001. The learned counsel also made available before me the scan report which confirms the fracture on the parietal bone on both sides. So, in the light of these factors, I proceed to fix the compensation as follows: : 2 : M.A.C.A.NO.219 OF 2009 3. Towards bystanders expenses for 15 days, I award a sum of Rs.1,500/=. Towards treatment expenses, I grant a sum of Rs.1,500/=. Towards extra nourishment and transport expenses, I allow a consolidated sum of Rs.1,000/=. Towards pain and sufferings an amount of Rs.8,000/= is awarded and towards loss of amenities, I award Rs.4,000/= making a total compensation of Rs.16,000/= out of which Rs.6,000/= is already awarded. 4. Therefore, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 7% interest on the said sum from the date of the petition till realisation and the insurance company is directed to deposit the said sum within 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.219 OF 2009