IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 MACA.No. 292 of 2009(F) ---------------------- OPMV.1507/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S)/PETITIONER: ---------------------------------- THAMPI JOSEPH, S/O. JOSEPH, KUNNEL HOUSE PUTHUPALLY VILLAGE AND P.O. KOTTAYAM. NOW RESIDING AT ROOM NO.8, DHANALAKSHMI HOUSEING SOCIETY, JOGESWARI NAGAR, IGETPURI, NASIM MAHARASHTRA. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S)/RESPONDENTS: -------------------------------------- 1. JOY JOHN, PARACKAL HOUSE, CHALAKOMBU P.O., KARUKACHA, CHANGANACHERRY. 2. THE NEW INDIA ASSURANCE CO. LTD., KOTTAYAM. ADV. SRI.RENIL ANTO FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 292 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1507/06. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.23,827/-. Dissatisfied with the said amount the claimant has come up in appeal. Heard the learned counsel for the both sides. A perusal of the award and also the discharge summary issued by the Matha Hospital would reveal that the claimant had sustained straightening of the cervical spine and he was advised to use cervical collar. Besides he had sustained head injury though not complicated but there was edema and therefore he had undergone treatment as an inpatient conservatively for a period of 3 days in the hospital. Fortunately for the claimant the injury did not turn out to be disastrous but nevertheless they were injuries on vital parts of human body. The Tribunal found that 15 days loss of earnings has to be given M.A.C.A. 292 OF 2009 -:2:- but limited it to Rs.1,500/-. It is seen that the pay slip evidences that he was drawing a salary of Rs.10,440/-. When it is so towards loss of earnings the amount granted as Rs.1,500/- is not proper and therefore I enhance it by Rs.3,500/-. The claimant had suffered head injury with involvement of spine and straightening of the spine. It is a very painful injury and therefore taking into consideration the age factor as 41 and the nature of the work and the prolonged agony which one has to undergo I am inclined to enhance pain and sufferings compensation by Rs.1,500/-, loss of amenities by Rs.5,000/- thereby making it a total compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-