IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 1142 of 2008() ----------------------- OPMV.3361/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER ----------------------------- JAYASREE,D/O.BALAKRISHNAN,AGED 27, SHALOT,6TH GATE,NADAKKAVU POST,IMA HALL ROAD, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/ RESPONDENTS ----------------------------------- 1. M.T.SOUMINI,S/O.NARAYANAN, NAVALLITHAZHAM HOUSE,MELOOR POST,KOYILANDY, KOZHIKODE. 2. T.DASAN,S/O.KELUKUTTY,AGED 48, THIRUTHIYIL HOUSE,MATHOTTAM,ARAKKINAR POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE,MAVOOR ROAD JUNCTION,KOZHIKODE. ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1142 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 3361/01. The claimant, a young lady, sustained injuries in a road accident. She was treated for a wound on the upper arm having a dimension of 5x1x1 cms besides bleeding from nostrils and ear. The CT scan would reveal that she had a diffused cerebral oedema and had undergone 12 days hospitalisation. Taking into consideration all these aspects, the Tribunal awarded a compensation of Rs.9,750/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. Learned counsel for the claimant would submit that she had a head injury and the compensation awarded by the Tribunal is not proper. A perusal of the award would reveal that she had a cerebral oedema and had undergone hospitalisation for a period of 12 days. Certainly this would have caused her agonizing pain, mental tension as well as loss of amenities for a limited period. MACA No. 1142/08 2 Taking into consideration all these aspects, I am inclined to enhance the compensation for pain and suffering by Rs.3,000/- and for loss of amenities and enjoyment in life by Rs.3,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.6,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 6 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1142/08 3