IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 MACA.No. 1575 of 2004() ---------------------------------- OPMV.36/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- SIVADASAN, S/O. THAMI, PALLATH HOUSE, PONMALA. BY ADV. SRI.K.SHIBILI NAHA RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. MURUKANANDAN, S/O. ANAKATHA PILLAI, MUTHOOR P.O., PALAKKAD ROAD, POLLACHI, TAMIL NADU STATE. 2. T. SOMASUNDARAN, S/O. RANGAN GOWDAN PARAKKAL HOUSE, T.K. THARA, KODUVAYOOR, PALAKKAD. 3. THE UNITED INDIA INSURANCE CO.LTD., MANJERI. P.O. BY ADV. SRI.A.R.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/06/2008 ALONG WITH MACA. NO. 1572 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. Nos. 1572 &1575 OF 2004 --------------------- Dated this the 6th day of June, 2008 JUDGMENT These appeals are preferred against the award of the Motor Accident Claims Tribunal, Manjeri in OP(MV) Nos. 35/00 and 36/00. The Tribunal awarded a sum of Rs.31,425/- in OP(MV) 35/00 and Rs.36,050/- in OP(MV) 36/00. 2. A perusal of the award would reveal that the claimant in OP (MV) No. 35/00 was an employee in Gulf country and was aged 25 years. He sustained head injury and diffuse brain injury on the left temporal scalp avulsion with contamination and multiple glass pieces inside. He has other wounds also in the left hand, mandibular region and left ear pinna. He was treated as inpatient in Moulana Hospital, Perinthalmanna where the treatment expenses incurred had been Rs.25,725/-. 3. After hearing learned counsel for the appellant and seeing the nature of injuries sustained by him, I enhance the compensation for pain and suffering by Rs.5,000/-. Similarly no amount is awarded for loss of earning and enjoyment in life where the injuries sustained MACA Nos.1572 & 1575/04 2 are really of a very grievous nature. Therefore I award an amount of Rs.5,000/- under that head. He had been shuttling between the hospital and the residence and the amount awarded for transport is only Rs.250/- which I enhance it by Rs.1,000/-. The appellant is entitled to an additional compensation of Rs.11,000/-. 4. So far as OP(MV) No. 36/00 is concerned, the appellant sustained a lacerated wound starting from the middle of the left eye brow to middle right eye brow with bone deep and contusion on the knee. He was also treated as inpatient in the same hospital for nine days and the expenses incurred for treatment had been Rs.17,650/-. He produced the disability certificate for 1% and that has been taken into consideration by the Tribunal and awarded a sum of Rs.27,000/-. 5. According to him he was an employee in a saw mill earning about Rs.5,000/- per month. I feel that the Tribunal has erred in not granting any amount towards loss of earning. Therefore, I award a sum of Rs.3,500/- under that head. Similarly, considering the nature of the injury that too on the forehead extending from left eye brow to the right eye brow, the pain and suffering would have been substantial and I increase it by Rs.2,500/-. No compensation is seen awarded for loss of amenities and enjoyment in life. I grant a sum of MACA Nos.1572 & 1575/04 3 Rs.3,000/- under that head. Therefore the appellant is entitled to an additional compensation of Rs.9,000/-. Therefore the MACA's are partly allowed. The claimant in OP 35/00 is awarded an additional compensation of Rs.11,000/- 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. The claimant in OP 36/00 is awarded an additional compensation of Rs.9,000/- 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