IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MFA.No. 408 of 2003() --------------------- OPMV.5071/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT: -------------- HAMEED S/O. KUNHAHAMMED, AGED 28 YEARS, VYSIATHKANDY, KIZHAKKE THOTTUMUKHATH HOUSE, KOYILANDY. BY ADV. SMT.K.V.RESHMI RESPONDENTS: --------------- 1. M.HAMMED S/O. ABOO, NOUSHAD MAHAL, POST NERVELI, NIRAMALAGIRI, KOOTHYUPARAMBA. (OWNER OF BUS NO.KL-13/A 2655) 2. ABDUL REHIMAN S/O. KOYAKUTTY, MANIKOTH HOUSE, POST PERAVOOR, KAKKAYANGAD (DRIVER OF BUS NO.KL-13/A-2655) 3. M/S. NEW INDIA, ASSURANCE COMPANY LTD. ARISTO COMPLEX, NEAR POST OFFICE, MAHI (INSURER) THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 408 OF 2003 --------------------- Dated this the 14th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Vadakara, in OP(MV) 5071/95. The claimant sustained injuries in a road accident and the Tribunal awarded him a total compensation of Rs.18,350/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had sustained a fracture of the frontal area of the scalp and mandible right skull. He was admitted in the Medical College Hospital, Kozhikode, where he had undergone inpatient treatment for 10 days from 24.6.94 to 4.7.94. Exts.A7 and A8 documents would reveal that he had visited the hospital thereafter as well. The medical bills for Rs.550/- were produced. The Tribunal has not awarded any compensation for attendant expenses. Therefore, for the 10 days hospitalisation, I award him a compensation of Rs.500/-. The amount awarded for medical bills is only Rs.550/-. It can be seen that he had a fracture on the skull and MFA No. 408/03 2 it is certain that the claimant would have taken X-ray and scan. Considering the nature of the injuries sustained by the claimant, I enhance the treatment expenses by Rs.500/-. When a person sustains fracture on the skull which affects the mandible as well certainly there would be temporary disability and loss of amenities and enjoyment in life for him. Taking into consideration that aspect, I award him a sum of Rs.4,000/-. Therefore, the claimant is entitled to an additional compensation of Rs.5,000/-. In the result, the MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation. 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 MFA No. 408/03 3