IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 1619 of 2008() ----------------------- OPMV.2315/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P.(MV): ------------------------------------------------------------------ MOOSAKOYA.C., S/O MARAKKARUKUTTY, CHALIL HOUSE, PARANNUR, NARIKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.THOMAS ANTONY RESPONDENT(S): RESPONDENTS IN THE OP.(MV): ---------------------------------------------------------------------------- 1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM.(OWNER OF BUS) 2. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, T.C.NO.25/153, 2ND FLOOR KESAVA TOWERS, GANDHI AMMAN KOVIL ROAD, PULIMODE, THIRUVANANTHAPURAM (INSURER OF BUS). ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KSS M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1619 OF 2008 --------------------------------- Dated this the 7th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.2315/2002. The claimant, a 50 year old man employed in a Bank, sustained injuries in a road accident and the Tribunal had awarded him compensation of Rs. 6,500/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. It is true that the wound certificate shows only loss of two teeth, abrasion of 4 x 3 cm in front of the left ankle and another abrasion on the front of the left knee. It is also recorded that there was no signs of any bone injury. This is done by the Community Health Centre, Thamarassery. Subsequently this person had again visited the same hospital with traumatic complaint and on 22.8.2001 he was advised to take an X'ray and Orthopedic consultation before the Medical College Hospital, Kozhikode. Thereafter he had gone to the Medical College Hospital and X'ray revealed that he had sustained fracture of the scaphoid bone. The X'ray report revealed that there was a fracture of the scaphoid. So M.A.C.A.No. 1619 OF 2008 -2- it has to be held that the claimant had sustained a fracture of the scaphoid bone. But unfortunately, the Tribunal did not consider the same and therefore the awarded compensation is inadequate. The Tribunal had awarded only Rs. 3,000/- for pain and suffering and Rs. 1,000/- for loss of amenity. I enhance the compensation for pain and suffering especially on account of the fracture of the scaphoid and periodical visits by the person to the hospital and also on account of the loss of teeth. I therefore award an amount of Rs. 4,000/- for pain and suffering, additional compensation and Rs. 5,000/- for loss of amenities and enjoyment in life and Rs. 3,000/- for loss of two teeth, making it an additional compensation of Rs. 12,000/-. Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 12,000/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm