IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 MACA.No. 2187 of 2009(B) ---------------------------- OPMV.558/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ------------------------------ UTHUPPU,S/O.VARKEY, KADAMBELIL HOUSE,MANNOOR,KEEZHILLAM P.O. BY ADV. SRI.P.V.ELIAS SRI.MURALI MANOHAR.R RESPONDENT(S): RESPONDENTS ------------------------------------- 1. MANAGING DIRECTOR, K.S.R.T.C.,THIRUVANANTHAPURAM. 2. GOVINDAN NAIR,S/O.MADHAVAN NAIR, MENARATH HOUSE,VANDAMATTOM, METHALA,ASSAMANNOOR VILLAGE. SRI V.V.NANDAGOPAL NAMBIAR FOR SC(KSRTC) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2187 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)558/05. The claimant, a 80 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.16,900/- and it is against that decision the claimant has come up in appeal. 2. A perusal of the award would reveal that at this age the claimant had sustained three abrasions on the knee, one abrasion on the toe and abrasion over the lumbosacral area and also another abrasion on the elbow and a large lacerated wound of 8 x 1 x 1 c.m. on the occipital region. He was treated as an inpatient in the hospital from 13.1.05 and discharged on 21.1.05. So he was in the hospital for eight days. The Tribunal has awarded the full medical expenses and the only place where it requires a correction or enhancement is on the pain and sufferings and loss of M.A.C.A. 2187 OF 2009 -:2:- amenities. Under ordinary circumstances if it is an youngster the problem would have been less but for a 80 year old man when he sustains lacerated wounds and abrasions all over the body the time for healing itself it will take much time and therefore that has to be taken into consideration while awarding compensation for pain and sufferings and loss of amenities. Therefore I award a sum of Rs.3,000/- more towards pain and sufferings and Rs.2,000/- more towards loss of amenities thereby entitling the claimant to have an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from the date of petition till realisation and the K.S.R.T.C. is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-