IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 2382 of 2009() ---------------------------------- OPMV.809/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------- SUJEESH V.D., S/O.DEVADAS, VADAKKE DEVASWATHIL HOUSE, PARAMBATH, P.O. THALAKKULATHOOR, KOZHIKODE. BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. KHALEEL AHAMMED, ELLATHUKANDY HOUSE, THRIPPANGOTTUR, KADAVATHUR, KANNUR. 2. RAFEEQU, S/O. IBRAHIM, CHEMPOPATTA HOUSE, P.O. PUTHOOR, OMASSERY, KOZHIKODE. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. R3 BY ADV. MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2382 OF 2009 ............................................. Dated this the 3rd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.809/2004. The appellant, claiming to a painter, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.17,000/= with 7% interest. Dissatisfied with t he same, he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Admittedly medical bills are produced for Rs.17,476/= out of which Rs.4,000/= represents the doctor's fees. I do not know that the Tribunal had felt that the bills are exaggerated and that private hospitals are charging more and that there was no requirement of an open surgery etc. When a man sustains injuries in an accident especially in the modern time, where any sort of medical negligence will not be tolerated, the doctors should have to be extremely careful and should have to do their level best to safeguard the life and interest of the patients. : 2 : M.A.C.A.No.2382 OF 2009 So, it has become an inevitable part of the investigation to make it sure that the doctors do not commit any serious mistake. When a hospital like Baby Memorial Hospital which has got reputation of being a specialist hospital and when there is an entry that surgery has been done to correct the fracture, I am afraid that the court should not indulge in discussing that surgery was not necessary. Therefore the matter requires consideration for enhancement of compensation. Normally the medical bills also take note of the doctor's fees. So considering that fact, I am only inclined to enhance the medical expenses by Rs.10,000/=. Since it is a fracture of ulna with inpatient treatment and application of plaster cast after the surgery, I enhance the compensation for pain and sufferings by Rs.3,000/=. Towards loss of amenities only a sum of Rs.1,000/= is seen paid. When a person sustains a fracture of the right hand, needless to say that it will cause him loss of amenities in life. I enhance that compensation by Rs.2,000/=. Considering the age of the person as 24 and his profession as painter I think two months' loss of earnings have to be : 3 : M.A.C.A.No.2382 OF 2009 given at the rate of Rs.2,000/= which means, an enhancement by Rs.1,000/= under that head. Thus the claimant will be entitled to an additional compensation of Rs.16,000/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2382 OF 2009