IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 2063 of 2005() ----------------------------------- OPMV.1158/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT ------------------------------ ABDUL AZEEZ S/O MOHAMMAD,MUTHUKODEN HOUSE,KODDALIPOYIL,BOOTHANAM POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: RESPONDENTS ------------------------------------------- 1. SHOUKATHALI,S/O KUNCHIKOYA,KANNANCHETHU HOUSE,CHANDAKKUNNU,NILAMBUR POST, MALAPPURAM. 2. FAIZAL,S/O HAMZA, KALLINGAL HOUSE, NILAMBUR POST, MALAPPURAM. 3. M/S.NEW INDIA ASSURANCE COMPANY LTD, BRANCH OFFICE;VARIKODAN BUILDING, NILAMBUAR ROAD,MALAPPURAM. BY ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2063 OF 2005 = = = = = = = = = = = = = = = Dated this the 9th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1158/01. A 30 year old man, a coolie by profession sustained soft tissue injury besides abrasion on the pinna and pain on the face and temporal region. He had complaint of pain on the side of the face. The claimant has sustained a disability of 2%. The Tribunal has awarded a total compensation of Rs.46,760/-. It is against that decision the present appeal is preferred. 2. Learned counsel for the appellant had made available for perusal the documents. It is seen that the person had undergone continuous treatment in different hospital for more than an year. It is true that in the process it was noted that he was having a curved nasal bone. Even at the time of treatment in the Medical College Hospital it was found that there was discharge from ear. Appendix reveal that there is some hearing disability. But it is also M.A.C.A. 2063 OF 2005 -:2:- stated that it is otitis which is an infection caused on account of bacteria etc. So one cannot precisely say what is the reason for all these things but right from the date of accident the person had undergone treatment. The Tribunal has awarded him only a disability compensation of Rs.5,400/- for 2% disability and no amount is seen granted towards loss of amenities and enjoyment in life. I grant him Rs.5,000/- under that head. Similarly, for pain and sufferings I enhance the compensation by Rs.1,000/-. On all other heads reasonable amount is granted and it does not call for any interference. Therefore the claimant will be entitled to an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7% 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/-