IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MFA.No. 446 of 2003(D) --------------------------------- O.P(MV).NO.52/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD,KALPETTA. .................... APPELLANT/ PETITIONER: -------------------------------------- K.C.JOSEPH, S/O. K.M.CHACKO, AGED 31 YEARS, RESIDING AT KOTTAYIL HOUSE, P.O.VIMALANAGAR, KUZHINILAM, MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ *1. M.J.GEORGE, S/O. JOSEPH, RESIDING AT MONOTH HOUSE, KATTIMOOLA (DRIVER OF MINI LORRY NO. KL-10 C/1757. *(STRUCK OUT) 2. P.PHAISAL S/O. VEERANKUTTY, RESIDING AT KUTHUKOTTU PARAMBA HOUSE, KONDOTTY, MALAPPURAM DISTRICT (OWNER OF MINI LORRY NO. KL-10 C/1757) 3. THE ORIENTAL INSURANCE CO. LTD., MALAPPURAM. *THE NAME OF THE 1ST RESPONDENT IS STRUCK OUT FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT - VIDE ORDER DTD. 31/03/08 ON I.A. 772/08. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A No. 446 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 52/95. The appellant/ petitioner a driver by profession sustained injuries in a road accident. The Tribunal has awarded a total compensation of Rs.2,800/-. 2. Learned counsel for the appellant would contend that compensation awarded by the Tribunal is inadequate considering the nature of injuries sustained by him. The appellant has sustained a lacerated injury on the front of parietal area of a dimension of 6x2x1cm besides contusions over arterial aspect of thigh and chest. A perusal of the award would reveal that the appellant was treated as inpatient for 7 days. Being a driver by profession and having suffered injury of a lacerated nature, I hope he would not have been in a position to do any work atleast for a period of six weeks. Therefore I enhance the compensation under the loss of earning by Rs.1,000/-. The Tribunal has given a very nominal compensation MFA NO.446/03 2 under the heads of medical expenses, damages to clothing, extra nourishment, bystanders expenses etc. I feel it is a fit case where it has to be enhanced by Rs.1,000/-. Similarly it would have caused excruciating pain and mental anxiety. Having sustained a very long injury, I increase Rs.1,000/- for pain and sufferings. Therefore the claimant will be entitled to an additional compensation of Rs.3,000/-. In the result, the MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company 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