IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 MFA.No. 1296 of 1998(B) ----------------------------------- OPMV.2563/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ----------------------- K.RAJAN, S/O. RAMASWAMI, 6TH MILE, P.O.MANNAMADA, BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): RESPONDENTS -------------------------- 1. M.B.MOOSAKOYA, S/O. IMBICHI KOYA, PALLANCHERY HOUSE, P.O.FEROKE, CALICUT. 2. DAMODARAN, KEETANCHERY HOUSE, MUNNAR P.O., VIA, KADALUNDY, KOZHIKODE. 3. NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.A.C.DEVY FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MFA No.1296 OF 1998 ===================== Dated this the 1st day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.2563 of 1992. The claimant a young man sustained injuries in a road accident and he was treated in the hospital as an inpatient from 30.3.1992 to 8.4.1992. He had suffered a lacerated wound on the left leg and treatment records would reveal that it was having a dimension of 5 x 2 x 1 cms. When the police prepared the first information statement, it is seen that there were injuries on both the legs which had been tied with cloth. A perusal of the treatment records also would reveal that antibiotics were given and he was referred to a local hospital for further treatment. So, it is very clear that even after the discharge the claimant was forced to go to a local hospital for further treatment. He is an ordinary coolie by profession. Certainly on account of the injuries, he would not have been in a position to do any work for a period of 8 to 10 weeks. Taking into consideration that aspect, an amount of Rs.1,800/- more can be awarded towards actual loss of earning. Since he MFA 1296/1998 -:2:- had undergone inpatient treatment for a period of nine days and thereafter he had gone to the local hospital, certainly he would have purchased medicines and he would not have been in a position to preserve the bills. Therefore I enhance Rs.250/- towards medical expense. Towards pain and suffering, I enhance the compensation by Rs.1,000/- thereby entitling him to an additional compensation of Rs.3,050/-. In the result, the claimant is entitled to an additional compensation of Rs.3,050/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-