IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 2862 of 2008() -------------------------- OPMV.1223/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- JOSE, S/O.THOMAS, AGED 51 YEARS, NELLUVELIL HOUSE, KANNOTH POST, KODANCHERY, KOZHIKKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. SHAJI VARGHESE, S/O.VARGHESE, VANDANAKKARA HOUSE, KODENCHERY POST, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD. BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE. R2 BY ADV. SRI.T.J.LAKSHMANAN IYER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2862 OF 2008 ............................................. Dated this the 9th day of July, 2010. 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.1223/2003. The claimant, a 46 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.4,500/=. It is against that decision, he has come up in appeal for enhancement. 2. Heard the learned counsel for both sides. The learned counsel for the appellant had made available before me for perusal the treatment records. A perusal of the document would reveal that he had sustained dislocation of the right little finger and there was contusion on the upper jaw with loosening of the upper incisor teeth. He had also contusions on the left knee and back. It is also seen that he had sustained abrasions on the nose and other parts of the body. 3. Certainly the dislocation of the little finger would have caused him agony and pain. Therefore, I recalculate the compensation as follows: : 2 : M.A.C.A.NO.2862 OF 2008 Towards medical expenses, I grant Rs.1,200/=, towards extra nourishment, transport expenses and incidental expenses, I award a sum of Rs.1300/=, towards pain and sufferings Rs.5,000/= and towards loss of earnings and loss of amenities an amount of Rs.3,000/= is awarded by making a total of Rs.10,500/=, out of which Rs.4,500/= has been awarded. Therefore the claimant is only entitled to an additional compensation of Rs.6,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7.5% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 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.2862 OF 2008