IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 268 of 2005(C) ----------------------------------- (O.P(MV).NO.24/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN O.P(MV): ------------------------------------------------------ JAYAN, S/O. SIVARAMAN, MELEDATH HOUSE, ANANDAPURAM P.O.,THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS IN O.P(MV): ---------------------------------------------------------------- 1. M/S. CENTURY ROAD TRANSPORT PVT. LTD., 10, SNEHA NAGAR, NAVLAKHA ROAD, INDORE, MADHYAPRADESH STATE. 2. P.K.BABU, PARAPARAMBIL HOUSE, P.O. ANANDHAPURAM, NELLAYI VIA., THRISSUR. 3. M/S. ORIENTAL INSURANCE CO. LTD., INDIAN MERCANTILE CHAMBERS, 14, R.K. MARG, BALLARD ESTATE, MUMBAI-38. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 268 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)24/98. The claimant, a 28 year old manual labourer, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.9,164/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard. A perusal of the wound certificate and the discharge summary would reveal that the claimant had sustained a lacerated wound on the frontal region 7 x 2 x 1 c.m. and another lacerated wound on the orbital region of 3 x 1 x 1 c.m. with deformity of the left wrist. Radiological examination revealed that he had sustained collis fracture. The discharge summary, issued by the West Fort Hospital, is also made available. It indicates M.A.C.A. 268 OF 2005 -:2:- that he was admitted on 26.8.96 and discharged on 31.8.96 and collis fracture had been confirmed. Radiological examination and scan has also been done. So from these materials it is very clear that there had been a deformity of the wrist with fracture on the collis. Unfortunately the Tribunal did not look into these documents properly and concluded the case with the observation that there had been only lacerated wounds. It is not proper. Being a 28 year old man I fix his income at Rs.2,000/- per annum and grant two months loss of earnings which amounts to an entitlement of Rs.3,250/- more towards loss of earnings. For pain and sufferings I enhance it by Rs.7,000/- and for loss of amenities and enjoyment in life I award a sum of Rs.4,000/- thus making the additional compensation at Rs.14,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 268 OF 2005 -:3:- Rs.14,250/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-