IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 MACA.No. 1979 of 2005() ----------------------------------- OPMV.706/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S):/PETITIONER ------------------------ PRASANNAKUMAR, S/O.LATE PARAMESWARAN PILLAI, PRANAVAM HOUSE, UPPUKANDOM P.O., KALKOONTHAL VILLAGE. BY ADV. SRI.K.J.KURIACHAN SMT.P.P.STELLA RESPONDENT(S): RESPONDENTS ------------------------- 1. JOHNY THOMAS, VETTATHU HOUSE, ERATTAYAR, ERATTAYAR P.O. 2. NEW INDIA ASSURANCE CO. LTD., KATTAPPANA. ADV. SRI.P.G.GANAPPAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1979 OF 2005 --------------------------------- Dated this the 13th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.706/03. The claimant, a 48 year old man, sustained injuries in a road accident and he has been awarded a compensation of Rs. 25,175/- with 6% interest. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for both sides and perused the document supplied by the learned counsel for the appellant. The claimant had sustained a fracture on the frontal bone and nasal bone and local anesthesia was applied for suturing the wound and kept under observation for head injury. It is also certified that as a complication of the injuries, developed a deviated nasal spectrum with 'U' sided nasal polyps and therefore there was breathing difficulty for him. He was admitted and polypectomy was done. This shows that he had undergone hospitalization on two occasions and concern for life was there on account of the frontal bone fracture. It is true that a polyp is a small tumor like growth that M.A.C.A.No. 1979/2005 -2- projects from a mucous membrane surface. But when the nasal bone sustains a fracture, the already blocked cavity will have further complications and that resulted in breathing problem which ultimately had to be cured by undergoing a surgery. So the claimant would have suffered pain as well as loss of amenities and enjoyment in life. I feel this is a fit case where the pain and suffering compensation can be enhanced by Rs. 1,000/- and loss of earning by Rs. 1,000/-. A compensation of Rs. 5,000/- be awarded for loss of amenities and enjoyment in life. Therefore the claimant is awarded an additional compensation of Rs. 7,000/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 7,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm