IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 2631 of 2008() ----------------------- OPMV.779/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S):PETITIONER: -------------------------------------------- JAYARAMAN, S/O.KUNJITTY, VELIYATHUPARAMBIL HOUSE, CHITTISSERY DESOM, NENMANIKKARA VILLAGE, CHITTISSERY PO., THRISSUR. BY ADV. MR.V.BINOY RAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. A.O.PAULSE, S/O.OUSEPH, ATTOKKARAN HOUSE, KOTTEMOM P.O., NILESWARAM, ERNAKULAM DISTRICT. 2. JAMES, S/O.ESTHAPANOSE, MANGADAN HOUSE, PEERAORE DESOM, NEAR KALADY, ERNAKULAM DISTRICT. 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., ST.JOSEPH'S BUILDING, PERUMBAVOOR, ERNAKULAM DISTRICT. R1 BY ADVOCATES MR.KURIAKOSE G.THEKKEL, MR.ARUN K.ANTONY. R2 BY ADVOCATES MR.P.MURALEEDHARAN, MR.DEVAN RAMACHANDRAN, MR.SUMESH KUMAR N.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2631 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of January, 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)779/02. The claimant sustained injuries in a road accident and the Tribunal has awarded him a total compensation of Rs.17,900/- and it is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained large number of injuries on the body and he was treated as an inpatient in the hospital for 14 days. He had sustained wound on the scalp behind pinna, wound on the rib, multiple abrasions on the shoulder and knee. X-ray revealed fracture on the 6th rib. He had produced medical bills for Rs.91/- only but he has produced a medical disability certificate for 8%. The doctor who issued the disability certificate was also not examined. No M.A.C.A. 2631 OF 2008 -:2:- radiological examination was conducted. The Orthopedic surgeon has certified about the hearing loss. So I am also in agreement with the Tribunal that the disability certificate cannot be accepted. The Doctor was also not examined. But the matter remains that he had sustained large number of wounds. Some incised and some superficial abrasions besides the fracture of the rib. The Doctor has stated that there was tenderness on the side of the fracture. Therefore taking into consideration these aspects I am inclined to grant Rs.1,500/- more towards loss of earnings for one more month and award a sum of Rs.3,000/- more towards loss of amenities and enjoyment in life thereby entitling the claimant to an additional compensation of Rs.4,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,500/- 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/-