IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 MACA.No. 980 of 2010() --------------------------------- OPMV.819/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER. ------------------------------------------------------------- SUJITH K.V., S/O.VELAYUDHAN, KARATH HOUSE P.O., VADOOKRA, THRISSUR DISTRICT. BY ADVS. SMT.SADHANA KUMARI ESWARI SRI.N.AJITH RESPONDENT(S): RESPONDENTS. -------------------------------------------------- 1. A.S.SANTHA, W/O.DHARMAN, MANATHARA HOUSE, ANTHIKKAD P.O., THRISSUR DISTRICT. 2. SOORAJ, S/O.RAMANAN, POYYARA HOUSE, SAKTHI NAGAR, IRINJALAKUDA P.O., THRISSUR DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD, BRANCH OFFICE, PARK HOUSE, ROUND NORTH, THRISSUR DISTRICT. R1 BY ADV. SRI.N.D.JOSEPH ANTONY SRI.N.D.DENNIS FREEDER SRI.K.C.BINEESH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N.KRISHNAN, J -------------------------------- M.A.C.A.NO.980 OF 2010 ----------------------------------------- Dated this the 9th day of December, 2010 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Thrichur in OP(MV) No.819 of 2003. The claimant sustained injuries and he has been awarded a compensation of Rs.31,000/-. It is against that decision the claimant has come up in appeal for enhancement. Heard. A perusal of the award would reveal that the claimant had sustained lacerated wound on the right knee and lacerated wound on the right middle finger. He was treated as an inpatient in the hospital from 08-02-2003 to 19-02-2003 and he had also expended a sum of Rs.19,375/- towards medical expenses. So it is very clear that though the injuries appear to be not very serious, really there had been a complications that had let to a long period of hospitalization coupled with large amount of expenditure for the treatment. I am stating so only to find that it is not a simple injury case. Even though the claimant did not produce the disability certificate the Tribunal did not accept it as there was no evidence for the same. I feel that disability as such cannot be accepted without adequate proof but the M.A.C.A.NO.980 OF 2010 2 two heads under which compensation of Rs.4,000/- towards pain and sufferings and Rs.2,000/- towards loss of amenities life are given requires some modification. The prolonged treatment indicates the difficulty which the patient had suffered and certainly the injuries being on the right hand certainly would have rebutted in temporary loss of amenities and enjoyment and incapacity to do the total avocation. Therefore, taking into consideration these broad aspects, I am inclined to give Rs.4,000/- more towards pain and sufferings, Rs.3,000/- more towards the loss of amenities fixing the additional compensation of Rs.7,000/-. In the result, MACA is partly allowed and the claimant is awarded a sum of Rs.7,000/- as additional compensation with 7% interest on the said sum from the date of petition till 12-05-2008 and at the same rate from 17-05-2010 till realisation from the respondent Insurance Company and it 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 pm