IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 1497 of 2004(C) ------------------------------------ OPMV.861/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER : -------------------------------------- ANILKUMAR, KOCHUTHUNDIL HOUSE, ERATHU KULAKKADA, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.V.PREMCHAND SRI.V.TEK CHAND RESPONDENTS/RESPONDENTS : ---------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. VENU, KARUMADI, AMITTATHOORCHERRY, KADUPPASSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC - R1 SRI.K.PRABHAKARAN, SC, KSRTC - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1497 OF 2004 --------------------- Dated this the 9th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Punalur, in OP(MV) 861/00. the claimant, an employee in a Service Co-operative bank, sustained injuries in an accident as a result of which he had suffered a wound on the left hip and abrasions over the right and left cheeks. He was treated as inpatient in the hospital from 5.6.99 to 11.6.99. He had also conducted Ayurvedic treatment. The Tribunal awarded him Rs.2,000/- for pain and suffering, Rs.250/- each for transport charges and extra nourishment and Rs.150/- for damage to clothing. Not even a nominal amount is granted for medical expenses. 2. It has to be seen that he was in the hospital for a period of 7 days and there was lacerated wound on the hip. Certainly there would have been somebody with him during the period of hospitalisation. So also he would have spent some amount for purchasing medicines. Taking into consideration the length of the treatment as well as the nature of the injuries sustained by the MACA No.1497/04 2 claimant including the irregular wound on the let hip, I feel that the claimant is entitled to a compensation of Rs.5,000/-. The Tribunal has awarded a compensation of Rs.2,650/-. Therefore, the claimant is entitled to an additional compensation of Rs.2,350/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,350/- with 6 % interest on the said sum from the date of petition till realisation. The 1st respondent is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1497/04 3