IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 1526 of 2007() ----------------------- OPMV.747/2002 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ..................................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------------- RAGHAVAN, S/O. KANDAKUTTY, AGED 65 YEARS, THEKKEPUNATHIL HOUSE, CHERUKULATHOOR POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------- 1. PREMANANDAN, AVILERI HOUSE, CHEVAYOOR, KOZHIKODE. 2. THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. BY ADV. SRI.P.JAYASANKAR - R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1526 OF 2007 --------------------- Dated this the 6th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 747/02. I am pained to see that the Tribunal has not properly considered the documents marked by it and had observed in the award that the case relates to only a minor injury and had awarded a compensation of Rs.8,000/-. Ext.A4 scan report would reveal that the claimant had suffered a depressed comminuted fracture of the frontal bone on the right. I had also perused Ext.A3 discharge card which also would indicate that on the face sheet itself there is a noting of head injury with fracture of the frontal bone. He was treated as inpatient in the hospital from 9.12.01 to 13.12.01. The discharge card also reveals that there was a lacerated wound with a dimension of 7 cms over the right side of the forehead and other injuries on the shoulder, abdomen and right hand. When a person has sustained a depressed fracture of the frontal bone, one cannot classify it as a minor injury and to proceed to give compensation. Therefore, taking note of the documents, I refix the compensation as follows: 2. The claimant would not have been certainly in a position to do any work for a period of one month. So I award him Rs.2,000/- under the head MACA No. 1526/07 2 of loss of earning, Rs.1,000/- towards medical expenses, Rs.800/- towards bystanders expenses and extra nourishment, Rs.5,000/- towards pain and suffering and Rs.5,000/- towards loss of amenities and enjoyment in life thereby making a total compensation of Rs.13,800/-. In other words, the claimant will be entitled to an enhanced compensation of Rs.5,800/- (13,800-8,000). In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,800/- with 6% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1526/07 3