IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 342 of 2008(G) - ------------------------------- OPMV.413/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER : -------------------------------- SONEY, S/O. XAVIER, AMBALATHIL HOUSE, VADAYAR VILLAGE,THALAYOLAPARAMBU KARA, THALAYOLAPARAMBU P.O.,NOW RESIDING AT AMBALATHIL HOUSE, POOVARANY P.O.,POOVARANY VILLAGE BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SANTHOSH, S/O. KARUNAKARAN, PULLAYIKUNNEL HOUSE, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, KOTTAYAM. 2. K.K. RAJAN, S/O. KUMARAN, KUNNATHEL HOUSE, THALAYOLAPARAMBU P.O., VAIKOM, KOTTAYAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, THRIPUNITHURA. 4. MANAGING DIRECTOR, THAMPI AND CO., PALAMPARAMBIL BUILDINGS, IRUMPANAM. ADV. SRI.ALIAS M.CHERIAN - R2 SRI.P.SANKARANKUTTY NAIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 342 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No. 413/2004. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs. 26,500/-. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant, the owner and the Insurance Company. The learned counsel for the appellant strongly contends that in spite of production of disability certificate at 8%, the Tribunal has not awarded disability compensation and therefore the matter requires interference by this court. The counsel for the appellant had also made available before me a copy of the disability certificate for perusal. On a perusal of the same it can be seen that the claimant had sustained fracture on the zygoma right with lacerated wound on the right side of the face. The certificate also shows that there was a temporary disability for two months and there are wound scars over the face with decreased prominence of right zygoma causing disfigurement. There is also difficulty in opening the mouth and mastication. The doctor has M.A.C.A.No. 342 OF 2008 -2- assessed the disability at 8%. Mastication means the difficult to chew and eat. As observed by the Tribunal the nature of injury sustained by the claimant really has not effected his working capacity. But it is a fact that being a 24 year old unmarried man at the time of the accident, the disfiguration may cause him some problem and similarly at this youthful age deprivation of enjoying delicious food also will affect him. Similarly on account of this problem, atleast during the temporary disability period of two months, he could not have taken any solid food. Therefore I feel it is a fit case where an amount of Rs. 1,000/- more is awarded for extra nourished food and another sum of Rs. 5,000/- towards disfiguration and loss of amenities and enjoyment in life. Therefore the claimant is entitled to get an additional compensation of Rs. 6,000/-. Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 6,000/- with 7.5% 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