IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 MACA.No. 2919 of 2008() ----------------------- OPMV.1190/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): -------------- P.C.MATHEW, PULLATHU HOUSE, KANIYAMMALA BHAGAM, CHANNANIKADU P.O., KURICHI VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- 1. SREEJITH THAMPI, SREE BHAVAN, KALAYI BHAGOM, PANACHIKADU VILLAGE, KUZHIMATTOM. 2. GIREESH, VATTATHILCHIRA, THIRUVARPPU, KOTTAYAM. 3. THE NATIONAL INSURANCE COMPAY LTD, KOTTAYAM. ADV. SMT.SARAH SALVY FOR R3 SRI.P.M.KUNJIMOIDEENKUTTY FOR R1 SRI.LAL K.JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ---------------------------------------------------------------- M.A.C.A No. 2919 OF 2008 ----------------------------------------------- Dated this the 29th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claim Tribunal, Kottayam in O.P.(M.V) No.1190/2006. The claimant, a 68 year old man sustained injuries in a road accident. He was treated in the Medical College Hospital, Kottayam from 26.12.2005 to 01.01.2006. He had a laceration over the face(1 X 1 cm), a laceration over the right leg(1 X .5cm) and abrasion on the left wrist. The radiological examination revealed no bony injury. Neurological consultation also did not reveal any serious injuries. The patient at the time of discharge was comfortable. This can be seen from the documents produced immediately on admission dated 25.12.2005. A scan was taken which revealed a soft tissue swelling left frontal and occipital region. But later it was found that he had no serious ailments. Subsequently he had undergone treatment for his abdominal pain which has nothing to do with the injury. The Tribunal awarded a reasonable M.A.C.A No. 2919 of 2008 2 compensation of Rs.12,409/-. It is submitted that the claimant is a labourer by profession and it had prevented him from doing any work for a period of two months. Considering the income at Rs.2,000/- and awarding loss of earnings for two months, the claimant will be entitled to an additional compensation of Rs.2,500/-. On all other heads, adequate compensation has been provided. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,500/- with 7.5% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE jma