IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 1006 of 2007(C) ------------------------------ OPMV.629/1996 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT PETITIONER IN OP MV ----------------------------------------- JANIL,S/O.LATE KRISHNAN, AGED 40 YEARS, RESIDING AT KANIKULAM VAYAL HOUSE, KARUVISSERY P.O., KRISHNAN NAIR ROAD, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP MV ------------------------------------------------ 1. THE PROCURATOR FOR RELIGION,INFORMATION CENTRE,BISHOPS HOUSE, DIOCESES, MALAPARAMBA,KOZHIKODE (OWNER OF THE JEEP NO KRD 8443). 2. BAISAL JACOB,S/O.C.I.JACOB, AGED 36 YEARS, RESIDING AT CHAVARA HOUSE,P.O. VELLAYIL NEAR VTH RAILWAY GATE, KOZHIKODE. (DRIVER OF THE JEEP NO. KRD.8443). 3. M/S.UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICER, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE (INSURER OF THE JEEP NO.KRD 8443). BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1006 OF 2007 = = = = = = = = = = = = = = = Dated this the 27th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)629/96. The claimant sustained injuries in a road accident as a result of which he had a fracture on the fibula and lacerated wounds on the leg, abrasion on the left leg, lacerated wound on the left elbow, lacerated wound on the nose and lacerated wound on the forehead. Documents were produced to show the period of hospitalisation or the actual amount expended for the treatment. The Tribunal considered the entire materials and awarded a compensation of Rs.18,250/-. Learned counsel would contend that it is an inadequate compensation. 2. I had perused the award. The Tribunal has given reasonable amount in the absence of any evidence on all heads most probably except the head of pain and sufferings, loss of amenities etc. Under those head a consolidated M.A.C.A. 1006 OF 2007 -:2:- amount of Rs.10,000/- is given. The claimant had sustained large number of lacerated injuries besides the fracture and even the Tribunal has found that he has to be compensated for three months for loss of earnings. So taking into consideration those aspects and splitting up the said compensation I feel an amount of Rs.7,000/- can be awarded for pain and sufferings and Rs.6,000/- towards temporary disability, loss of amenities and enjoyment in life which will make the claimant entitled for an additional compensation of Rs.3,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- 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/-