IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 MACA.No. 1785 of 2010() ---------------------- OPMV.2016/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................... APPELLANT / PETITIONER: ---------------------------------------- SUNI, S/O.DAMODHARAN, AGED 31 YEARS, RESIDING AT ERANHIKKAL HOUSE, P.O.PILASSERY, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS / RESPONDENTS: ----------------------------------------------- 1. UMMER, S/O.HAMZA, AGE NOT KNOWN, RESIDING AT KAIPPANGALI HOUSE, PINANGODU, P.O.KALPPETTA, WYNAD. 2. PRAMOD.K.K., S/O.K.N.KRISHNANKUTTY, AGE NOT KNOWN, RESIDING AT STREEPURAM, VAYAR CHUNDAYIL, P.O.WYNAD, KALPPETTA. 3. THE ORIENTAL INSURANCE CO.LTD., DIVISINAL OFFICE, SEEMA BUILDING, G H ROAD, KOZHIKODE. SUPPL:4. SIVASANKARAN, C/O.VISWANATH, VALAYANKOTTA HOUSE, NELLABUDIKERI (PO), KARNATAKA, (AMENDED AS PER ORDER IN I.A.2731/09, DT.25/07/2009). R1 & R2 BY ADV. SRI.P.V.KUNHIKRISHNAN R3 BY DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1785 OF 2010 = = = = = = = = = = = = = = = Dated this the 3rd day of January, 2011. 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) 2016/06. A 31 year old salesman in a Neethi store, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.15,600/-. It is dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as respondents. A perusal of the award coupled with the wound certificate would reveal that the youngster had sustained a fracture on the maxilla sinus, fracture on the right zygoma and an avulsion fracture of the tibia, femoral ligament and he had undergone treatment as an outpatient for a considerable length of time. I find that the Tribunal has not been realistic in M.A.C.A. 1785 OF 2010 -:2:- awarding compensation under proper heads. Therefore I recalculate the compensation as follows. 3. Taking his income as Rs.3,000/- per mensum and considering the nature of injuries, two months loss of earnings is granted as Rs.6,000/-. Towards transport and clothing expenses Rs.750/- is jointly awarded. Towards treatment expenses an amount of Rs.3,500/- is given especially taking note of the radiological examination that had been done and also the scan which has been taken. For pain and sufferings I award a sum of Rs.12,000/-. Towards loss of amenities an amount of Rs.5,000/- is awarded, thus making a total compensation of Rs.27,250/- out of which Rs.15,600/- has been awarded. So the claimant will be entitled to an additional compensation of Rs.11,650/- 4. Similarly the interest has to be 7.5% on the entire amount instead of 7%. Therefore a revised award is passed as follows. The claimant is awarded a M.A.C.A. 1785 OF 2010 -:3:- total compensation of Rs.27,250/- with 7.5% interest on the said sum from the date of petition till realisation with cost of Rs.400/- from the respondents. The insurance company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of the judgment. If any amount is already deposited, the balance need be deposited. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.