IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 MACA.No. 829 of 2007(F) ---------------------- OPMV.2699/1994 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): APPELLANT PETITIONER ---------------------------------- PRAKASHAN,S/O.VELAYUDHAN, RESIDING AT MEYVILADATH HOUSE,P.O.,KOTTOOLI, CHULLIODE VIA,KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. E.MOHAMMED HAJI,S/O.ALI,RESIDING AT PADALIYIL HOUSE,KARANTHUR P.O.,CALICUT. 2. MOIDEENKUTTY N.C.S/O.ALI,RESIDING AT NELLIYACHALIL HOUSE,MUTTANCHERY AMSOM, KOZHIKODE TALUK. 3. M/S.UNITED INDIA INSURANCE CO.,BRANCH OFFICE,WESTERN COMPLEX,P.B.NO.192,17/474,CALICUT-4 ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON 06/07/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 829 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th Day of July, 2009. JUDGMENT K. M. Joseph J. The appellant/claimant in a petition filed under Section 166 of the Motor Vehicles Act stands awarded a total compensation of Rs.23,800/-. Break up is as detailed below: Transport to hospital : Rs. 500/- Damage to clothing : Rs. 300/- Extra nourishment : Rs. 500/- Medical expenses : Rs. 1,500/- Pain and suffering : Rs.15,000/- Bystander expenses : Rs. 1,000/- Loss of income : Rs. 5,000/- Total : Rs.23,800/- =========== 2. Heard Sri. V V Surendran, learned counsel for the appellant, and Smt. P. A. Raziya, learned counsel appearing on behalf of the 3rd respondent, Insurance company. 3. Learned counsel for the appellant raised three points before M.A.C.A. NO: 829 OF 2007 : 2 : us. Firstly, he would submit that the appellant has been awarded a very meager amount under the head medical expenses and Rs.1,500/- alone is granted. Secondly, he contends that towards pain and suffering undergone by the appellant, amount is only Rs.15,000/- and lastly he contended that towards loss of income only Rs.5,000/-is granted. According to him, in view of the facts of the case, more amount is warranted under the head loss of income, as the appellant was under treatment for a long time. 4. The injuries which are noted are as follows: “The injuries noted are deformity left zygomatic region, lacerated wound 2 x 1 cm, skin deep below left eyelid, lacerated wound 2 x 2 cm, skin deep left check, lacerated wound 2x 1 cm, skin deep left side of neck and bleeding from nose” 5. The appellant had to undergo operation. He was advised to dental and opthal consultation, also attended ENT OP. 6. The Tribunal also taken note of the fact that Ext.X1 shows the gravity of the injuries sustained by the appellant and treatment given to him. M.A.C.A. NO: 829 OF 2007 : 3 : 7. As far as the medical expenses is concerned, we are of the view that appelant may not be entitled for any further enhancement. As correctly pointed out by the learned counsel for the Insurance Company, the appellant underwent treatment in a Medical College hospital. He would not have incurred much expenses therein. In fact the learned counsel for the appellant would submit that the operation undergone was done free. But we feel that the appellant is entitled to Rs.5,000/- more under the head pain and suffering. This is having regard to the nature of injuries and period of time that he was under treatment. Likewise we feel that the appellant is entitled to a further compensation under the head loss of income. He stands awarded Rs.5,000/- more. The appellant was a driver and Rs.1,250/- has been taken as his notional income. The Tribunal has awarded compensation for loss of income for four months on above basis. It would appear to be clear that the appellant suffered loss of income on account of injuries for a long period of time. We would enhance the compensation under the head, loss of income in view of the nature of injuries and the M.A.C.A. NO: 829 OF 2007 : 4 : vocation of the appellant namely as a driver, and assessing the loss, at Rs.2,500/- more. Even though the appellant raised the claim based on disability the Tribunal has, in our view, not awarded any amount towards disability, as there was no evidence for the same. Accordingly the appeal is allowed partly and the appellant is allowed to realise a sum of Rs.7,500/- more alongwith an interest at 7.5% from the date of the petition till the date of realization from the third respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/