IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 MACA.No. 347 of 2010(G) ----------------------------------- [O.P(MV).NO.1271/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA] .................... APPELLANT/PETITIONER IN O.P(MV): ------------------------------------------------------ PAUL, S/O.VELIYATH VINCENT, KORATTY DESOM AND P.O,MURINGOOR- THEKKUMMURI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS 1 TO 3 IN O.P(MV): ------------------------------------------------------------------------- 1. HANEEFA, S/O. KADAVATH SYEDALI AHAMMED, KOTTAYIL P.O.,TIRUR, MALAPPURAM DISTRICT. 2. SAVED, S/O. KUTTIASANTE PURAKKAL KHALID, EDAKKADAPURAM P.O., MALAPPURAM. 3. NATIONAL INSURANCE COMPANY LIMITED. UNITY BUILDING ANNEXE, MISSION ROAD, P.B.NO.27011, BANGALORE. P.O. R3 BY ADV. SRI.JOE KALLIATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.347 OF 2010 ............................................. Dated this the 29th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1271/2006. The claimant, a 50 year old contractor, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.28,700/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for both sides. A perusal of the award especially para-6 would reveal that the claimant had sustained a lacerated wound on the knee and there was also an injury on the joint of the knee. Wound debrediment and suturing were done. 3. It is true that a disability certificate is produced, but it does not disclose whether the injury sustained would have resulted to that disability. Therefore I do not find fault with the Tribunal for discarding the disability certificate, but at the same time it has to be borne in mind that a case where knee injury involving the joint as well. : 2 : M.A.C.A.NO.347 OF 2010 Wound debrediment and follow up treatment were taken for long time. When the knee sustains an injury, it affects the movement of the person very badly. Since there is always movement when there is a slight motion, it will be causing pain and the healing process also becomes little slow. 4. Therefore taking into consideration all these aspects, I grant three months' loss earnings at the rate of Rs.3,000/= out of which Rs.4,000/= is paid making an additional compensation of Rs.5,000/=. Towards pain and sufferings I enhance it by Rs.2,000/= and for loss of amenities Rs.3,000/= especially considering the age of the claimant. Therefore the claimant is entitled to an additional compensation of Rs.10,000/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= 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 : 3 : M.A.C.A.NO.347 OF 2010 : 4 : M.A.C.A.NO.347 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T