IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 M.A.C.A.No. 2068 of 2005(C) ----------------------- OPMV.687/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ------------------------------------ SHARAFUDHEEN, S/O. ALAVI, PARAVEETTIL HOUSE, THUVVUR POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. ABDUL KAREEM, S/O. KUNJALAVI, CHEERA HOUSE, KOLAPPARAMBU POST, MALAPPURAM. 2. P.ABDUL GAFOOR, S/O. ABDULRAHIMAN, NUSAIBA MANZIL, MUTHUVALLUR POST, MALAPPURAM. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD. DIVISIONAL OFFICE, ARAFA BUILDING, MANJERI, MALAPPURAM. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 2068 OF 2005 ------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri in O.P.(M.V) No. 687/01. The claimant, a 20 year old man, sustained injuries in a road accident. He sustained avulued skin flap, contusion on the chest wall, lacerated wound on the thumb, lacerated wound on left arm and multiple abrasions. He was treated as inpatient in the Al-Shifa hospital from 25.2.2001 to 2.3.2001 and continued the said treatment till 5.4.2001, as is evidenced from the discharge summary made available for perusal. The Tribunal awarded a total compensation of Rs. 7,150/-. The Tribunal accepted disability at 1% and calculated compensation. It can be seen that the claimant was treated in private hospital. Though no bills are produced considering the nature of injury and 5 days hospitalisation, I award Rs. 1,000/- towards medical expenses. He had continued treatment till 5.4.2001 and he is prevented from doing any work for 6 to 8 M.A.C.A.No. 2068/05 -2- weeks. I award Rs. 2,500/- towards actual loss of earning. Certainly this type of injury with a dimension of 8x4 cms and lacerated wound about 5cms on the thumb, would have caused him loss of amenities and enjoyment in life. Therefore considering that aspect, I award Rs. 2,500/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs. 6,000/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 6% interest on the said sum from the date of petition till realisation. The respondent Insurance Company is directed to deposit the amount within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm