IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 MACA.No. 2495 of 2008() ----------------------- OPMV.460/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN O.P (MV) ------------------------------------ ABDUL RAHEEM @ RAHEEM, S/O. MOIDEEN, AGD 28 YEARS, PERIYANGATTU MEETHAL HOUSE, P.O.PERUMANNA, CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN O.P.(MV) -------------------------------------- 1. M.T.SAKEER, S/O.MAMMU, AGED 29 YEARS, SAJ MAHAL HOUSE, PUTHUKUDIPARAMBA, KINASSERY.P.O. POKKUNNU, CALICUT. 2. C.P.MANSOOR, S/O MAMMI, AGED 33 YEARS, VAZHIPPURATH HOUSE, MATHARA, P.O.GURUVAYOORAPPAN COLLEGE, CALICUT. 3. UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, WHITELINES BUILDING, KALLAI ROAD, CALICUT. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & P.R. RAMACHANDRA MENON, JJ. ------------------------------------------------- MACA No.2495 of 2008 ------------------------------------------------- Dated this the 9th day of February, 2009 JUDGMENT Basant,J. The claimant is the appellant. He had claimed compensation for personal injuries suffered in a motor accident. An amount of Rs.2 lakhs was claimed as compensation. The Tribunal awarded only Rs.14,500/-. The appellant claims to be aggrieved by the impugned award. What are the grounds? The learned counsel for the appellant submits that there was unrealistic reluctance to accept the fact that the appellant had suffered 2 fractures of the zygomatic arch and ribs. The wound certificate did not, of course, confirm such fractures. But it is common knowledge that the fractures would be confirmed only later. The discharge/ reference card issued from the Medical College confirms MACA No.2495 of 2008 -: 2 :- multiple fracture of the ribs and fracture of the zygoma. There was surgical emphysema also, which is confirmed in the discharge card. The counsel contends that the Tribunal went wrong in not accepting that the fractures were suffered. The appellant was hospitalised for a period of 23 days. The counsel contends that the incidental charges of Rs.1,000/- awarded is totally insufficient. It is also pointed out that though the medical bills showing expenditure of Rs.5,342/- were produced, without any valid reason - except that the name of the appellant was not shown in the bills, only Rs.4,000/- was awarded. The compensation for pain and suffering has been fixed without accepting the fact that fractures were suffered. Considering the nature of injuries including fracture and the period for hospitalisation of 23 days, loss of earning reckoned only for a period of one month only is totally insufficient, contends the counsel. The learned counsel also points out that the appellant was admitted at the Medical College Hospital and the transportation awarded at Rs.500/- only is also insufficient. 2. Basically, the question is whether the finding that the fractures have not been proved can be accepted. Considering MACA No.2495 of 2008 -: 3 :- the materials produced, particularly Exts.A3 and A4, we are satisfied that it would have been absolutely reasonable to accept the appellant's case that he had suffered fractures. We are, in these circumstances, satisfied that the amounts awarded can be enhanced. 3. In the result: (a) This appeal is allowed. (b) The impugned award is modified. (c) The appellant is hence entitled to the following further amounts by way of compensation: (i) Medical bills – Rs. 5,342/- (Rs.1,342/- more) (ii) Incidental charges including transportation - Rs. 2,500/- (Rs.1,000/- more) (iii) Pain and suffering including loss of amenities during the period of temporary disablement - Rs.10,000/- (Rs.3,000/- more) (iv) Loss of earning – Rs. 4,000/- (Rs.2,000/- (2 months) more) ---------------------------------- Rs.7,342/- more ============== (d) The direction for payment of cost and interest is also MACA No.2495 of 2008 -: 4 :- upheld. (e) Thus, the appellant will be entitled a total amount of Rs.7,342/- more as compensation in addition to what the Tribunal has already awarded. R. BASANT (Judge) P.R. RAMACHANDRA MENON (Judge) Nan/ MACA No.2495 of 2008 -: 5 :-