IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 1386 of 2009() ------------------------------------- OPMV.2944/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ------------------------- JALALUDHEEN V.K., S/O. KOYAHASSAN, AGED 25 YEARS, RESIDING AT VALIYAKIZHAKKAYIL HOUSE PO.TALAYAD,(VIA)UNNIKULAM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV) ---------------------------- 1. DOMINIC MATHEW, AGE NOT KNOWN, RESIDING AT PARAKKAL HOUSE, PO, KODENCHERY, KOZHIKODE. 2. NATIONAL INSURANCE CO.LTD, DIVISIONAL OFFICE, PB.NO.811, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADVS.MR.LAL GEORGE, THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1386 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2944/05. The claimant, a 22 year old man sustained injuries in a road accident and the Tribunal had deducted 10% for his contributive negligence and has awarded a sum of Rs.3,600 with 7.5% interest. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant had also made available before me all the documents. A copy of the charge sheet would reveal that the accident had taken place on the side of the road and the charge is filed against the driver of the vehicle who is arrayed as a respondent herein. A perusal of the FIR would reveal that the claimant is a coolie by profession. A perusal of the medical records would reveal that he was admitted on M.A.C.A. 1386 OF 2009 -:2:- 23.3.2005 and discharged on 28.3.2005 which would further reveal that he had a lacerated wound on the chest, an abrasion on the right side of the face and he had a fracture on the base of the metatarsal. The C.T.Scan of the brain did not reveal any serious problem for him. So I proceed to determine the compensation as follows. Considering the nature of injuries not of a serious nature I award him one month's loss of earnings at the rate of Rs.2,000/-, towards medical expenses I grant him Rs.500/- towards damage to clothings Rs.300/- is awarded, towards bystanders expenses Rs.500/- is awarded, for pain and sufferings a sum of Rs.4,000/- is awarded and towards loss of amenities Rs.1,000/- is awarded thus making a total compensation of Rs.8,300/- and after deducting 10% for the contributory negligence the entitlement would come to Rs.7,470/- out of which Rs.3,600/- is already granted. So the claimant is entitled to an additional compensation of Rs.3,870-/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 1386 OF 2009 -:3:- Rs.3,870/- with 7.5% 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/-