IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 MACA.No. 987 of 2007() -------------------------------- OPMV.3288/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER IN OP MV ------------------------- T.J.JAINLAL,S/O.JOY PRAKASH,AGED 31 YEARS,RESIDING AT THURUTHIL HOUSE,WEST HILL POST, KUMMATTIKULAM VAYAL KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP MV -------------------------- 1. BALAN,AGE NOT KNOWN, RESIDING AT MARAKKATH HOUSE,CHULLIYOD ROAD, CIVIL STATION POST,KOZHIKODE (DRIVER OF THE AUTORIKSHAW NO.KL-11-G-2985). 2. THE UNITED INDIA INSURANCE COMPANY LTD.,BRANCH OFFICE.SEEMA TOWER, MAVOOR ROAD,KOZHIKODE(INSURER OF THE AUTORIKSHAW NO.KL-11-G-2985). ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 987 OF 2007 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT As per the direction given by the learned Judge on 27.6.2007, notice is given to Sri. Jyothiprasad, counsel for the Insurance Company. Show the name of Sri. P.V. Jyothiprasad in the judgment. 2. This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.3388/02. The claimant, a 27 year old man, sustained injuries in a road accident and the tribunal has awarded a compensation of Rs. 2,000/-. It is against that decision the appeal is filed for enhancement. 3. A perusal of the award would reveal that there was no suturing on the wound and therefore the tribunal found that Rs. 2,000/- is an adequate compensation. The learned counsel for the appellant had made available before me the treatment record for perusal. It is very clearly stated that he had a lacerated wound of 2x2.5 cms. and and there was no case of any diplopia (double vision). It is also further revealed that wound suturing was done M.A.C.A.No. 987/2007 -2- under local anesthesia and he has been given other medicines as well. So taking into consideration the nature of injury and the place of injury etc., I am inclined to fix the compensation at Rs. 5,000/-, out of which the tribunal had already awarded Rs. 2,000/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 3,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm