IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 MACA.No. 947 of 2008() --------------------------- (AGAINST THE AWARD IN O.P.(MV)693/01 OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE) APPELLANT(S): /PETITIONER IN THE O.P.(MV) -------------------------------------------------- ABDU @ ABOOBACKER, S/O.ABDURAHIMAN, AGED 40 YEARS, VELLANAM, KUNNUMMEL HOUSE, KINALOOR AMSOM, THALAYAD DESOM, THALAYADU POST, UNNIKULAM VIA, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS -------------------------------------- 1. MADHAVAN NAIR.E, S/O.CHAPPOLLY KIDAVU, ERADIYIL HOUSE, EYYAD AMSOM, MANGAD, KOZHIKODE. 2. AMALESH, S/O.MADHAVAN NAIR, ERADAYIL HOUSE, EYYALD AMSOM, MANGAD, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD, BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY, KOZHIKODE. ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 947 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of April, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)693/01. The claimant, a 33 year old man sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.18,525/- after deducting 5% for contributory negligence. The Tribunal is consistently in the habit of finding a larger percentage of negligence and ultimately reducing it by a nominal percentage. I do not want to say anything on that in this case since I find that the claimant requires some consideration regarding the enhancement of compensation. 2. The claimant sustained a head injury in the accident. The C.T.Scan revealed that he had an extra dural haematoma left parietal region of 8.4 x 2.3 c.m. size. There was also sub-archaenoid hemorrhage bleeding coupled with fracture of the left parietal bone. He was treated as an inpatient in the Medical College Hospital for a period of seven M.A.C.A. 947 OF 2008 -:2:- days to evacuate the blood from the hemorrhage portion. It can also be seen that thereafter also the claimant did have some problem and therefore he had again visited the hospital on so many occasions and in 2001 he visited hospital with a complaint of loss of smell. He was treated and it is again seen in December, 2002 as well he had visited hospital with the same complaint and it was suggested it is on account of the post traumatic nerve palsy. So the agony of the claimant had continued even after discharge, almost for a period of two years. But when the matter was referred to the Medical Board it was found that he had not sustained any disability on account of the accident. Though the Medical Board considered the injuries they did not certify any disability. So some enhancement can be granted under the three heads namely pain and sufferings, loss of earnings and loss of amenities. I increase the pain and sufferings compensation by Rs.3,000/-. Considering the age of the man and the income and the prolonged treatment I award three months loss of earnings at the rate of Rs.2,000/- which entitles the M.A.C.A. 947 OF 2008 -:3:- claimant to get Rs.3,000/- more towards compensation for pain and sufferings. I also increase compensation for loss of amenities and enjoyment in life by another Rs.3,000/- thus making it a total additional compensation of Rs.9,000/-. Adopting the same percentage of deduction of 5% the claimant will be entitled to an additional compensation of Rs.8,550/-. In the result MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,550 with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-