IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 2132 of 2006() --------------------------------- OPMV.1028/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER ------------------------------------- BIJUMON.M.B. @ BIJU, S/O.BHASKARAN, MUNDAKKAL (H), KANJIRAPPALLY VILLAGE, THAMBALAKKADU KARA, NEAR KAPPADU CHURCH. BY ADV. SRI.C.M.TOMY SRI.MATHEW SKARIA SRI.K.J.JOSEMON RESPONDENTS: ----------------------- 1. LORANCE.C.C., CHOTTAKUNNEL (H), KAPPADA P.O., KANJIRAPPALLY. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CHEERAN VELIL BUILDINGS, K.K.ROAD, KANJIRAPPALLY. BY ADV. DR.ELIZABETH VARKEY - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2132 OF 2006 ===================== Dated this the 24th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)No.1028 of 2003. He sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.9,738/-. It is against that decision the claimant has come up in appeal. 2. Heard counsel on both sides. Learned counsel for the appellant has made available before me for perusal the certificates issued by Pius XII Hospital as well as the Taluk Head Quarters Hospital, Kanjirappally. Immediately after the accident on 7.9.2003 he was admitted in the private hospital and he had sustained (1) lacerated injury on the left foot 10cms x 5 cms with severe bleeding, (2) lacerated injury over the left knee 4 cms x 2 cms, and (3) lacerated injury on the left leg 8 cms x 1 cm on the upper half of the leg with bleeding. He was discharged from that hospital on 20.9.2003 with advise to consult Taluk Head Quarters Hospital, Kanjirappally. Thereafter he was treated as an inpatient in the Taluk Head Quarters Hospital from 22.9.2003 to 6.10.2003. The documents issued by MACA 2132/2006 -:2:- the Taluk Head Quarters Hospital would reveal that all the injuries were very lengthy injuries and unfortunately there was ulcer with loss of skin at mid dorsum of foot and therefore this poor claimant has to be in the hospital for a period of one month. The Tribunal had not taken note of this while awarding compensation. When a person is treated as an inpatient in the hospital for a period of one month, it is not correct to award him loss of earning for one month especially on account of ulcer at mid dorsum of foot and he would not have been in a position to do any work for a period of six more weeks. I therefore award him Rs.3,000/-. Similarly the compensation awarded for pain and suffering is inadequate considering the length of the treatment and the nature of injuries coupled with ulcer with loss of skin. I award him Rs.2,000/- more under that head. Certainly this would have caused him loss of amenities and enjoyment in life at the age of 26 years. Therefore I award another sum of Rs.3,000/- under that head. The claimant is therefore entitled to an additional compensation of Rs.8,000/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of petition till realisation. The insurance company is directed to deposit the MACA 2132/2006 -:3:- amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-