IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 885 of 2008() ---------------------- OPMV.305/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD .................... APPELLANT/PETITIONER ---------------------------------- ABDULLA, AGED 35 YEARS, S/O.IBRAHIM, SHEIKH HOUSE, KUPPADITHARA AMSOM, MUNDAKKUTTY POST, VYTHIRI TALUK, WAYANAD DIST. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS/RESPONDENTS -------------------------- 1. SHAIK MAMMU, S/O.KUNHEEDU, 11/102, KUNNATH HOUSE, KUPPADITHARA, MUNDAKKUTTY POST, WAYANAD DIST. 2. P.ABU, S/O.AMMED, PANNIYODAN HOUSE, KUPPADITHARA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST. 3. THE UNITED INDIA INSURANCE CO., LTD., BRANCH OFFICE, HOSPITAL JN., MANNARKKAD, BRANCH OFFICE AT KALPETTA, KALPETTA POST, WAYANAD. 4. T.ANIL KUMAR, SASI NIVAS, CHITTOOR POST, AGALI, PALAKKAD. (SUPPLEMENTAL R4 IN THE MACT). ADV. SRI.T.J.LAKSHMANAN IYER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 885 OF 2008 --------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kalpetta, Wayanad, in OP(MV) 305/00. A young man, aged 28 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.14,570/- with 6% interest. It is against that decision, the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had sustained lacerated wound over the right eye with a dimension of 4x1x.5 cms and a lacerated wound on the right side of the nose with 3x1x.5 cms and tenderness over the C.T. Spine. He was initially admitted in the hospital on 10.12.99 and continued the treatment as inpatient till 23.12.99. He had expended a sum of Rs.6,519/- as evidenced by Ext.A5 medical bills. Thereafter he was again admitted in another hospital from 11.8.01 to 16.8.01. A scan was also taken. The Tribunal only granted him loss of earning for 18 days, which is inadequate. 3. When a person had sustained long lacerated wounds on the head and nose coupled with tenderness and injury on spine, it is certain that he would have been prevented from doing any work for a period of two MACA No. 885/08 2 months. So fixing his income at the rate of Rs.2,100/- the claimant will be entitled to an additional compensation of Rs.2,900/- under that head. Learned counsel would submit that the claimant had undergone prolonged treatment and had suffered lot of agony and there had been loss of amenities and enjoyment in life for him. When there is an injury on the spine, and as it is revealed that though the accident took place in 1999 he had again visited the hospital to take a scan in 2001, is an indicative of the factum of suffering which has resulted in loss of amenities and enjoyment in life as well. Therefore, taking into consideration these aspects, I am inclined to grant an amount of Rs.5,000/- towards pain and suffering and loss of amenities and enjoyment in life thereby entitling the claimant to an additional compensation of Rs.7,900. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,900/- with 6 % 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. 885/08 3