IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 MACA.No. 593 of 2010(E) ----------------------------- OPMV.737/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER --------------------------------- A.CHANDRAN, S/O.ARUMUGHAN, ATTUVAYAL HOUSE, MEPPADI POST, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S)/RESPONDENT: ------------------------------------ 1. ABILASH, S/O.RAVI, SARADA NIVAS, P.O.MEPPADI, VYTHIRI TALUK, WAYANAD. 2. N.K.AHAMMEDKUTTY, S/O.MOOSA, MOORKKANKADAVIL HOUSE, VYTHIRI P.O., WAYANAD. 3. THE NEW INDIA ASSURANCE CO.LTD., KALPETTA BRANCH, KALPETTA NORTH. ADV. SRI.M.RAJAGOPALAN FOR R3 SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 & 2 SRI.N.T.NANDAKUMAR (PARAVUR) FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 593 OF 2010 = = = = = = = = = = = = = = = Dated this the 9th day of February, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)737/00. The claimant, a 39 year old man, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.3,850/- with 6% interest and a direction was given to the owner and driver to pay the amount and the insurance company was exonerated from the liability. It is against that decision the claimant has come up in appeal for enhancement etc. 2. Heard the learned counsel for the appellant, the owner as well as the insurance company. So far as the exoneration of the insurance company is concerned this Court cannot M.A.C.A. 593 OF 2010 -:2:- interfere for the reason that there is no appeal filed by the owner and as there is breach of policy condition the insurance company is entitled to get exoneration of the liability. 3. So far as the quantum is concerned the wound certificate was made available for perusal which would show that the claimant had sustained a lacerated wound over the left forehead and another lacerated wound over the left intra orbital region. Radiological examination was done. He was treated as an inpatient in the hospital for six days. I feel, considering the position of the injury, the nature of the injury and the period of treatment the compensation awarded is inadequate. So I am inclined to enhance the compensation by Rs.2,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional M.A.C.A. 593 OF 2010 -:3:- compensation of Rs.2,500/- with 6% interest on the said sum from the date of petition till realisation and respondents 1 and 2 are jointly and severally liable to pay the same. M.N. KRISHNAN, JUDGE. ul/-