IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 MACA.No. 1909 of 2006() ----------------------- AGAINST THE ORDER DATED 02/08/2006 IN OPMV. 533/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: -------------------------- RAJALINGAM, S/O. RAJANGAM, AGED 25 YEARS, RESIDING AT HOUSE NO.III/A, MUNGAVOOR VILLAGE, MUNGAVOOR KARA, VIRUTHANAGAR DISTRICT, NOW RESIDING AT MODERN VILLAGE INDUSTRSIES CO-OPERATIVE SOCIETY, MUDAVOOR POST, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA BY ADV. SRI.P.V.ELIAS SRI.N.P.THANKACHAN RESPONDENTS/ RESPONDENTS ----------------------------------- 1. MARTIN ANTONY, S/O.KURIAN ATONY, AGED 36 YEARS, RESIDING AT COOLYPURACKAL HOUSE, VANDIPPETTA BHAGAM, VAZHAPPILLYPADINJARU VILLAGE, CHANGANASSERRY TALUK. 2. JIJO V. CHERIAN, VELLAKKALIL HOUSE, PULICKALLU P.O., MANIMALA, CHANGANASSERY. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PAREEKKULAM BUILDINGS, NEAR COLLECTORATE, KOTTAYAM. 4. K.B. BASHEER, KAIMALAPUTHENPURAYIL, MUDAVOOR POST, MUVATTUPUZHA. 5. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUVATTUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1909 OF 2006 --------------------- Dated this the 3rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 533/03. The claimant, aged 22 years, sustained injuries in a road accident as a result of which he had suffered fracture of the nasal bone. He was working as an employee in a Co-operative Society. The Tribunal found that he was admitted in the hospital on 2.9.02 and discharged on 5.9.02 and a nasal bone reduction was done under general anesthesia. The Tribunal awarded a consolidated sum of Rs.15,055/- under different heads. 2. Heard the counsel for both sides. The only heads that require some modifications are under the head of pain and suffering as well as loss of amenities. When the nasal bone is fractured certainly there would be excruciating pain and absence of mental peace. Similarly this fracture would have caused him serious loss of amenities and enjoyment in life. Therefore, taking into consideration these aspects, I am inclined to grant an amount of Rs.2,000/- each MACA No. 1909/06 2 as additional compensation under the heads of pain and suffering as well as loss of amenities and enjoyment in life. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 7 % 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. 1909/06 3