IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 MACA.No. 1688 of 2005() ---------------------------------- AGAINST THE ORDER DATED 30/05/2005 IN OPMV. 304 /2001 AND OPMV.306/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- SANTHOSH THOMAS, S/O.THOMAS, KOLLIKULAVIL HOUSE, PANDIPPARA, ETTIKAVALA, KATTAPPANA. BY ADV. SRI.SIBY MATHEW SMT.ANEY PAUL RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. A.T.THOMAS, S/O.THOMAS POTHEN AYILIKUNNEL KAMASHY P.O., KATTAPPANA, IDUKKI. 2. C.G.KRISHNANKUTTY, CHEMBAKACHERY HOUSE, KATTAPPANA, IDUKKI. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LTD., NEAR HEAD POST OFFICE, CHANGANACHERRY. 4. PHILIOMINA THOMAS, D/O. PAILY THOMAS, PANNARAKUNNEL HOUSE, THODUPUZHA. 5. GEORGE VARKEY @ BENOY, S/O.VARKEY, MYLICKAL HOUSE PANDIPPARA, THANKAMANI, IDUKKI DISSTRICT, NOW RESIDING VAZHANGOLIL HOUSE, KOZHIPPILLY, KOTHAMANGALAM. 6. THE BRANCH MANAGER, THE NATIONAL INSURANCE COMPANY LTD., THODUPUZHA. ADV. SRI.N.S.MOHAMMED USMAN FOR R5 SRI.P.JAYASANKAR FOR R6 THIS MOTOR ACCIDENT C LAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1688 OF 2005 = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)304/01. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.17,800/-. It is against that decision, the present appeal is preferred. A perusal of the records would reveal that he had sustained lacerated injuries on the eye-brow, on the lip, on the right side of the face , echymosis right eye. Further he was treated as an inpatient in the Medical College Hospital, Kottayam from 7.12.00 to 11.12.00 and Professor of ENT Medical College has certified that he had suffered a fracture on the right frontal bone. He claimed an income of Rs.5,000/- but did not prove the same. Therefore the Tribunal fixed his income at Rs.1,500/- and proceeded to grant compensation. Considering the fact that he had sustained injuries on the face coupled with the frontal bone M.A.C.A. 1688 OF 2005 -:2:- fracture he would have suffered agonozing pain and therefore I enhance the pain and sufferings compensation by Rs.2,000/-. It is true that no disability is proved but certainly these types of injuries very near the eye and also on the side of the face would certainly cause him loss of amenities and enjoyment in life at least for a temporary period. For that also I enhance the compensation by Rs.2,000/-. So the claimant will be entitled to an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-