IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1667 of 2007(D) ------------------------------------- O.P.(M.V).NO.1621/2000 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/PETITIONER: -------------------------------------- MOHANAN.S.P., S/O.DAMODHARAN, SRAMBIPARAMBIL HOUSE, BEYPORE POST, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI, ADV. SMT.C.G.PREETHA, ADV. SMT.P.RANI DIOTHIMA. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. M.L.VINURAJ, MAPPILAYANI HOUSE, V/133-KOYARITHAZHAM. 2. JAYANARAYANAN, S/O.SREEDHARAN NAIR, AGED 26 YEARS, PUTHAN VEEDU HOUSE, PUNPALA POST, VANDOOR, MALAPPURAM. 3. THE NATIONAL INSURANCE CO.LTD., DIVISION OFFICE-II, PB BUILDING, NEAR ARAYIDATH PLAM, KOZHIKODE. ADV.SRI.MATHEWS JACOB (SR.) FOR R3, ADV. SRI.P.JACOB MATHEW FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, ALONG WITH M.A.C.A. NO. 1674/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. -------------------------- M.A.C.A. Nos. 1667 & 1674 OF 2007 --------------------- Dated this the 8th day of August, 2008 JUDGMENT These appeals are preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) Nos.1621/00 & 1622/00. The Tribunal awarded a compensation of Rs.5,000/- in OP(MV) 1621/00 and Rs.3,000/- in OP(MV) 1622/00. It is against those decisions, these appeals are preferred by the claimants for enhancement of compensation. 2. So far as it relates to OP(MV) 1621/00 is concerned, the claimant aged 45 years was a fisherman He sustained a deep avulged lacerated wound right elbow with a dimension of 5x3x3 cms and abrasions on the right knee with a dimension of 2x2 cms. He was treated as inpatient in the hospital from 28.6.00 to 13.7.00. On further discharge, he was advised to take rest for one month. The Tribunal has awarded a consolidated amount of Rs.5,000/-. The factum that he had been hospitalised for a period of more than 15 days coupled with recommendation to take rest for a period of one month indicated that there was some problem for him. The other MACA Nos. 1667 & 1674/07 2 things is also very evident because he has sustained a deep avulsion injury with a dimension of 5x3x3 cms. Taking into consideration the nature of the injury, the period of hospitalisation and the medical advice, I think this is a fit case where the Tribunal could have awarded Rs.10,000/- as compensation. I am not heading it separately for the reason that even otherwise it is a fit case where enhancement has to be granted. Therefore, the claimant will be entitled to an additional compensation of Rs.5,000/-. 3. So far as OP(MV) 1622/00 is concerned, the claimant was a fisherman aged 39 years. The wound certificate would reveal that he had an injury on the scalp very near the eye brow having a dimension of 5x1x1 cms. The wound certificate would reveal that he was admitted as inpatient in the Medical College Hospital, Kozhikode. The reference card would reveal that he was treated as inpatient from 28.6.00 to 8.7.00. Investigation was done to find out whether there is any head injury. But it was not there. It has been specifically noted that there is no evidence of any intra carnial injury to the appellant. He was also treated as inpatient in the hospital for 11 days. Certainly the injury on the scalp very near the eye brow would have prevented him from doing any work atleast for a period of MACA Nos. 1667 & 1674/07 3 six weeks. There would have been somebody with him during the period of hospitalisation and he would have spent some amount for purchasing medicines. So taking into consideration all these aspects, I feel this is a fit case where an amount of Rs.6,000/- has to be awarded as compensation, out of which only Rs.3,000/- is granted. So the claimant will be entitled to an additional compensation of Rs.3,000/-. In the result, both appeals are partly allowed and the claimant in MACA No. 1667/07 is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation and the appellant in MACA No. 1674/07 is awarded an additional compensation of Rs.3,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount in both cases within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA Nos. 1667 & 1674/07 4