IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 MACA.No. 1530 of 2005(Y) ------------------------ OPMV.174/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/CLAIMANT: ---------------------------- SIRAJUDEEN, S/O.ABBAS, KALATHODI PARAMBU, EDATHARA.P.O., EDATHARA, PALAKKAD. BY ADV. SRI.LIJU. M.P SRI.M.V.BIPIN RESPONDENTS/RESPONDENTS: ------------------------------------ 1. A.MARIAPPAN, S/O.AADIMOOLAM, V SINDERI GRAMAM, P.O.KARANTHALA KURISSI, VIA. NAYANARPALAYAM, THIRAKUDI TALUK, SOUTH ARCOT DISTRICT, TAMILNADU. 2. PANCHIYAPPAN, 4/172, PALLIMADA, NO.4 VEEREAPANDI, COIMBATORE DISTRICT. (* DELETED) (* R2 IS DELETED FROM THE PARTY ARRAY VIDE ORDER DTED.17.07.2008 IN MACA) 3. THE ORIENTAL INSURANCE CO. LTD., TRICHY ROAD, COIMBATORE, TAMILNADU. BY ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dvs M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1530 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)174/97. The claimant herein sustained simple injuries in a road accident and suffered damages on account of the damage caused to his bullock-cart as well as injury sustained to the bullocks. The Tribunal has awarded a total compensation of Rs.6,500/- with 9% interest. Aggrieved by that decision the claimant has come up in appeal. 2. It is true that the injuries sustained by the claimant are simple in nature namely abrasion on the right toe and complaint of pain on the right and left thigh. It can be seen from the wound certificate issued to the bullocks that both of them had sustained injuries and the black bullock had some hip dislocation and the white bullock was having lacerated wound and they were also treated for a period of six days in a Veterinary Hospital, Parali. A perusal M.A.C.A. 1530 OF 2005 -:2:- of the wound certificate reveal that an advice was given to give them rest at least for a period of two weeks. On account of the impact they were not taking water even. Over and above this the bullock-cart also had been damaged. As no materials were placed before the Tribunal for the expenses incurred, for the repairing of bullock-cart and for giving treatment to the bullock, the Tribunal awarded a consolidated sum of Rs.5,000/- under that head. The Tribunal had lost sight of the fact that the claimant was earning his livelihood by using the cart and he has handicapped on account of the injuries sustained to the bullocks and damage to the cart. Therefore certainly he would not have been able to make any income from his avocation at least for a period of one month. Considering the present hire set up I feel an amount of Rs.3,000/- has to be awarded under that head. 3. Similarly, the Tribunal in paragraph 7 would point out that he was in inpatient for three days but in a later paragraph would hold that he was not an inpatient but M.A.C.A. 1530 OF 2005 -:3:- Ext.A6 discharge certificate relied on by the Tribunal reveal the inpatient treatment for three days. Therefore the young man had undergone some pain and there would have been somebody with him during the period of hospitalisation. Therefore, I enhance the pain and sufferings compensation by Rs.1,000/- more and I award Rs.300/- towards bystander's expenses. So in total the claimant will be entitled to an additional compensation of Rs.4,300/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,300/- with 7% 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/-