IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 529 of 2004(D) ----------------------------------- OPMV.965/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER : -------------------------------------- THANKACHAN, KUNNUVILA VEEDU, THINKALKARIKKOM, KULATHUPUZHA. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. P.J.THOMAS, S/O.THOMAS VAIDYAR, T.P.BUNGLOW, KULAKKADA EAST, KOTTARAKKARA. 2. SURESH.K.R., S/O.REMONANKUTTY, KULATHUMKAROTTU, AREEKARA.P.O., CHENGANNUR. 3. ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KOTTARAKKARA. BY ADV. SRI.MATHEWS JACOB (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008 ALONG WITH M.A.C.A.530/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. Nos. 529 & 530 OF 2004 --------------------- Dated this the 2nd day of July, 2008 JUDGMENT MACA No.529/04 is preferred against the award passed by the Motor Accident Claims Tribunal, Punalur, in OP(MV) 965/98. MACA No.530/04 is preferred against the award passed by the Motor Accident Claims Tribunal, Punalur, in OP(MV) 1279/98. 2. The claimant in 965/98 was awarded a compensation of Rs.7,000/- and the claimant in 1279/98 was awarded a compensation of Rs.10,000/-. The claimant in 965/98 was a pastor by profession aged 51 years. On account of the accident, he sustained lacerated wound on the forehead, lacerated wound on the lip and abrasion on the arm and foot. He was admitted in the Pushpagiri hospital and had undergone inpatient treatment for 3 days. The Tribunal also has recorded that he has suffered a cerebral oedema and has awarded a consolidated sum of Rs.7,000/-. Considering the fact that he had a cerebral oedema coupled with some injury on the forehead, I feel an amount of Rs.2,000/- can be awarded as additional compensation. So far as the claimant in 1279/98 is concerned, he had sustained two deep cut lacerated wounds on the parietal area and forehead and abrasions in other part of the body. He was treated as an inpatient in the hospital for three days and a CT scan was taken which also MACA Nos. 529 & 530/04 2 would reveal the presence of cerebral oedema. There was a contention that he had excision of pilonidal sinus over sacrum. This pilonidal sinus cannot be on account of the accident because it is a hairy cyst that often develops in the sacral region of the skin. Normally they are harmless but occasionally a sinus or fistula develops. This is not on account of the injury sustained in the accident. So the claim on that head cannot be entertained. But, considering the factum that he had sustained two lacerated wounds coupled with abrasions on other parts of the body, I grant Rs.2,000/- more as compensation. Therefore, both the appeals are disposed of whereby the claimants in both cases are awarded an additional compensation of Rs.2,000/- with 7% interest on the said sum from the date of petition till realisation from the respondents. 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 Nos. 529 & 530/04 3