IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 MACA.No. 2301 of 2009() ------------------------------------ OPMV.1900/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER -------------------------------------------- J.FELIX, S/O. JOHN, AGED 57 YEARS, KARIPAL HOUSE, VELI, KOCHI TALUK, ERNAKULAM DIST. BY ADV. SRI.P.M.JOSHI RESPONDENT(S): RESPONDENT ----------------------------------------------- 1. JOSY, S/O. AUAGUSTINE,AGED 33 YEARS, THOZHU THUNKAL HOUSE, NORTH OF U.P.SCHOOL KATTIPARAMBU DESOM, PALLURUTHY VILLAGE. 2. K.JAYARAMAN XVI/2046, KURISINKAL PURAM, THOPPUMPADY, KOCHI-682005. 3. THE NATIONAL INSURANCE CO. LTD., SHALIMAR CHAMBER, P.T.JACOB ROAD, THOPPUMPADY. PIN-682005. R3 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2301 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) 1900/02. The claimant, a 57 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.18,557/-. He sustained injuries while he was working as a conductor in a bus which met with the accident. Now the nature of injuries sustained are contusion in the temporal lobe of left side. He was seen admitted in the Medical College Hospital and thereafter was discharged against medical advice and he continued treatment in another hospital up to 30.4.02. He had expended Rs.5,017/-. So far as loss of teeth were concerned the Tribunal held that it had taken subsequently long after and therefore it cannot be connected with the accidental injury. Considering the M.A.C.A. 2301 OF 2009 -:2:- fact that he had sustained an injury on the head involving contusion on the temporal lobe, there would have been greater anxiety and therefore I enhance pain and sufferings compensation by Rs.3,000/-. Similarly when such is the nature of injury one should not have been able to work for two months and therefore I award Rs.2,500/- more towards loss of income. There would have been temporary disability, loss of amenities etc. for which I enhance an amount of Rs.2,500/- under that head thus making an additional compensation of Rs.8,000/- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 8% 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/-