IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 1285 of 2008() ----------------------- OPMV.1394/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP (MV) ------------------------------------------------- SUJITH, S/O GANGADHARAN, AGED 32 YEARS,KIZHAKKAYIL MEETHAL, P.O. KAKKOOR, CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S)/ RESPONDENT(S) ---------------------------------------------------- 1. M.PURUSHOTHAMAN,S/O CHOYIKUTTY, MULLASSERI HOUSE, KAKKUR P.O., NANMINDA VIA KOZHIKODE. 2. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE -II, PRAMOD BUILDING,CHEROOTY ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1285 OF 2008 --------------------------------- Dated this the 10th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1394/2002. Notice have been served on all the respondents. 2. Heard the counsel for the appellant and perused the documents. This appeal is for enhancement of compensation wherein the claimant sustained injuries in a road accident. The Tribunal awarded a compensation of Rs. 6,300/- and it is against that decision the claimant has come up in appeal. 3. I had perused the documents made available before me which would indicate that immediately after the accident the claimant was taken to Zam Zam Hospital, Kottakkal and it is noted that he has sustained lacerated wound on the forehead, lacerated wound over the upper lip, loosening of the teeth, abrasions of the right forearm. As he was not willing for admission there, he was referred to the Medical College Hospital, Kozhikode. He had undergone treatment in the Medical College Hospital, Kozhikode from 25.1.2002 to 30.1.2002. The records of the Medical College M.A.C.A.No. 1285 OF 2008 -2- would reveal that he had sustained a fracture of the right nasal bone, soft tissue swelling in the left parietal orbital and frontal region and inflammatory tenderness in the maxillary sinus. He had also visited the dental department as well as the Ophthalmologist department. It can be seen that he had a slight problem with the tenderness on the teeth. The Eye department did not find any serious problem for him. But the confirmed diagnosis is regarding the fracture of the nasal bone with some soft tissue injuries as well as oedema on the orbital area. He was aged 26 years, a loading and unloading worker. I think for the nature of injuries sustained by him, the following compensation has to be granted to him. On account of this injuries he would not have been in a position to do any work for 6-8 weeks for which I award an amount of Rs. 2,500/- towards actual loss of earning. The pain and suffering compensation requires enhancement by Rs. 2,000/- and on account of the nasal bone and lip injuries and injuries on forehead and other parts it would have resulted for loss and enjoyment in life and I award an amount of Rs. 2,000/- under that head. He was inpatient in the hospital for 5 days. There would have been somebody with him during the period of hospitalisation and that on account of the M.A.C.A.No. 1285 OF 2008 -3- injuries sustained on the nasal bone as well as the lip injury, he would have taken some nutritious diet for some time in the liquid form. Therefore I enhance the compensation by Rs. 1,000/-. Thus the claimant is entitled to get an additional compensation of Rs. 7,500/-. In the result, the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 7,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm