IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1349 of 2004() ----------------------- OPMV.505/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ------------------------------------- C.KRISHNANKUTTY, S/O. CHAMI, MADAMPARA HOUSE, KUNISSERY P.O., ALATHUR TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENTS: RESPONDENTS ------------------------ 1. V.UNNI @ UNNIKRISHNAN, S/O. VELAYUDHAN, PAZHATHARA, CHERAMANGALAM P.O., MELARKODE, ALATHUR TALUK. 2. JAISON PAUL S/O. PAUL, VATTAKIZHI HOUSE, PALAKKAL PARAMBU, KALLOOR P.O., THRISSUR DISTRICT. 3. ORIENTAL INSURANCE CO., BROTHERS BUILDING, GURUVAYUR ROAD, KUNNAMKULAM P.O., THRISSUR DISTRICT. BY ADV. SRI.VPK.PANICKER FOR R3 SRI.JACOB SEBASTIAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1349 OF 2004 --------------------- Dated this the 24th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 505/98. the claimant sustained injuries while he was travelling as a passenger in an autorickshaw. He was treated as inpatient in the Government Hospital from 31.1.97 to 14.3.97. The Tribunal awarded a compensation of Rs.16,300/- and directed the Insurance Company to pay the amount and get it recovered from the 2nd respondent, namely the owner. 2. Notice had been served on the owner as well. The Tribunal has only awarded a sum of Rs.3,500/- towards compensation for pain and suffering for a person who was in the hospital for a period of 45 days. The nature of the injury would also show that his lacerated wound was deep with exposure of tendons which contained mud and blackish gravy material. He had also full thick skin loss of the medial aspect of the left knee. I feel the compensation awarded under the head of pain and suffering is MACA No.1349/04 2 grossly inadequate. Considering the nature of injuries and the length of treatment, I award him Rs.3,000/- more on that head. No amount has been granted towards loss of amenities for a person who had full thick skin loss on the knee as well as exposure of the tendons. I feel a sum of Rs.3,000/- has to be awarded for the same. Therefore I enhance the compensation by Rs.6,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 6 % 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. The Insurance Company is also granted permission to recover this additional compensation as well from the owner of the vehicle by way of execution. M.N.KRISHNAN, JUDGE vps MACA No.1349/04 3 MACA No.1349/04 4