IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 MACA.No. 1293 of 2008() --------------------------------- OPMV.1218/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ----------------------- N.BHASKARAN NAIR,S/O.KRISHNAN NAIR, AGED 72 YEARS, MANNATH PARAMBIL HOUSE, PANNIKODE P.O., MUKKAM, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENT ------------------------ 1. K.HAMZA, S/O.KUNHIMOIDEEN, KANDAPPAN HOUSE, ANCHACHIRILPADI, KALIKAVU POST, MALAPPURAM. 2. THE ORIENTAL INSURANCE CO. LTD, BRANCH OFFICE, JASEELA COMPLEX, MANJERI. 3. MUHAMMED OLANGADAN, VELLUVATTIKADU HOUSE HOUSE NO.IV/381, MARAYOOR POST, KOZHIKODE. 4. THE UNITED INDIA INSURANCE C0.LTD, BRANCH OFFICE, UP HILLS, MALAPPURAM. R2 BY ADV.MR.M.JACOB MURICKAN R4 BY ADV. SMT.S.JAYASREE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1293 OF 2008 ............................................. Dated this the 20th day of January, 2010. J U D G M E N T This is an appeal preferred against the order of the Claims Tribunal, Kozhikode in OP(MV)No.1218/2001. The claimant, a 65 year old retired teacher, while travelling in a jeep sustained injuries in a road and the Tribunal has awarded him a compensation of Rs.4,000/= and directed the Oriental Insurance Company to pay the amount. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for all. The learned counsel for the appellant had made available before me all relevant documents for the purpose of the case. The wound certificate would reveal that the claimant had sustained a lacerated wound on the forehead of 4x0.5x0.5cm, two lacerated wounds on right 1x0.5x0.5cm and an abrasion on the left knee 1x.5 cm. X-ray of the skull and chest revealed no bony injury. The police who had visited the hospital to record the statement had also shown the very same injury and noted it in the F.I. Statement which is in confirmity : 2 : M.A.C.A.No.1293 OF 2008 with the wound certificate. Considering the fact that the claimant is aged 65 years and he had sustained an injury on the forehead coupled with the injuries on both the knees, I feel the compensation has to be enhanced by Rs.3,000/= and I do so. Therefore, the appeal is allowed in part and the claimant is awarded an additional compensation of Rs.3,000/= with 6% interest on the said sum from the date of the petition till realisation and the second respondent Oriental 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. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1293 OF 2008