IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 842 of 2005(B) ----------------------------------- (O.P(MV).NO.980/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM) .................... APPELLANT: ------------------- MR.PRASAD CHERIAN, S/O.CHERIAN, CHEMMANJI PUTHENPURAYIL HOUSE, KARIKKODE P.O., MULAKKULAM VILLAGE, KOTTAYAM. BY ADV. SRI.ALIAS M.CHERIAN. RESPONDENTS: ------------------------ 1. MR.C.V.PETER, S/O.VARGHESE, CHELLIKATTIL HOUSE, KALAMPOOR P.O., PIRAVOM, ERNAKULAM DISTRICT. 2. THE NATIONAL INSURANCE COMPANY LTD., TRIPUNITHURA BRANCH, P.B.NO.48, MARKET JUNCTION, TRIPUNITHURA, ERNAKULAM. R2 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 842 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2010. 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) 980/99. The claimant, a 29 year old T.V./Film artist, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.16,000/- of which Rs.9,500/- represents the medical expenses. Aggrieved by the same he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me the case summary relating to the claimant. It is seen that he had sustained a lacerated wound and contusion of right eye-lid with loss of skin and muscle. There was also abrasions on the nose, chin and superficial laceration of M.A.C.A. 842 OF 2005 -:2:- upper and lower lips. Fortunately there was no fracture. In general anesthesia wound debrdement was done and possibilities of scar reversion was explained to the patient. He was treated as an inpatient initially from 31.3.97to 4.4.97 and then from 9.4.97 to 11.4.97. I feel that the following additional compensation has to be awarded to him. 3. It is submitted that he is a film cum T.V. Artist. When there is a wound sustained on the portion below the eye and there was skin and muscle loss it would have prevented him from doing work for a minimum period of two months. So at the rate of Rs.2,500/- per month I grant Rs.5,000/- towards loss of earnings. He was in the hospital for at least 11 days and he would have incurred other incidental expenses as well. I award an additional sum of Rs.1,000/- towards the same. The nature of injury is in a very sensitive portion of the face and there would have been really M.A.C.A. 842 OF 2005 -:3:- agonizing pain when there is skin and muscle loss rightly under the eye. Therefore I award a sum of Rs.5,000/- more towards pain and sufferings thus making an additional compensation of Rs.11,000/-. 4. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,000/- 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/-