IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 MACA.No. 898 of 2005() --------------------------------- OPMV.760/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------------- VARGHESE, S/O. OUSEPH, PAZHAYEDATH PARAMBIL HOUSE, P.O. AZHTAMICHIRA, THRISSUR DISTRICT. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE ADV. MR.SREEKANTH.K.R RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. M.S. LALU, S/O. SUKUMARAN, MARIKKAL HOUSE, KUZHUR, THRISSUR. 2. M.R. SASI, S/O RAVINDRAN, MARIKKAL HOUSE, KUZHUR, THRISSUR. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE CHALAKUDY, THRISSUR. R1 & R2 BY ADV. MR.RENJITH THAMPAN, SMT.P.A.ANITHA. R3 BY ADV. MR.PMM.NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 898 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of September, 2009. 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)760/97. The claimant, a driver by profession sustained injuries in a road accident when he was hit by a goods auto rickshaw. The Tribunal awarded him a sum of Rs.14,000/- and it is against that decision the claimant has come up in appeal for enhancement. I had perused the award and heard the learned counsel for both the sides. A perusal of the award especially paragraph 6 would reveal that the claimant had sustained incised wound over the left parietal area of the scalp, a lacerated wound over vertex of head, multiple abrasions all over the body, lacerated wound over the right side of face and right lower eye lid, contusion on chest and contusion right side shoulder. He was treated as an inpatient in the Elite Mission Hospital, Thrissur till 20.5.96. The medical bills reveal that he had expended a sum of M.A.C.A. 898 OF 2005 -:2:- Rs.5,366/-. I feel the following additions are necessary. Being a driver by profession and as he has sustained injuries almost over all parts of the body and incised and lacerated wounds on the head, rib and on the face and also other injuries on the shoulder he should have been prevented from doing work at least for two months and therefore I award an additional sum of Rs.1,500/- under that head. The Tribunal itself has found that the medical bills are for Rs.5,366/- and for the reason known to the Tribunal it reduced it to Rs.3,500/-. It is not proper. So I award a sum of Rs.1,900/- under that head. His clothes would have been damaged and he should have certainly taken some nutritious food. I grant an amount of Rs.500/- under that head. The Tribunal has awarded a sum of Rs.8,500/- for pain and sufferings, loss of amenities etc. I feel it can be increased to Rs.10,000/-, i.e. an increase of Rs.1,500/- for the reason that he had sustained lacerated and incised wounds all over the body. Thus the claimant will be entitled to an additional compensation of Rs.5,400/-. M.A.C.A. 898 OF 2005 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,400/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent, insurance company, is directed to deposit the amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-