IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 MACA.No. 1052 of 2008() ---------------------------------- OPMV.1720/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT -------------------------------- P.P.AYOOB KHAN,S/O.KOIDEENKOYA, AGED 39 YEARS,PALLIPARAMBIL HOUSE, CHAKKUMKADAVU,KALLAI P.O,KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. ROOPESH, S/O.GOPALAN NAIR, MATTANHITHAZAM HOUSE, KOMMERI POST, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD, BRANCH OFFICE,THRIPURI BUILDING, EAST NADAKKAVU,KOZHIKODE. ADV. SRI.M.MUHAMMED SHAFI FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1052 OF 2008 ===================== Dated this the 10th day of December 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1720 of 2004. The claimant, a 35 year old man sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.23,940/-. It is against that decision the claimant has come up in appeal. 2. Heard. A perusal of the award would reveal that the claimant had sustained extra dural hematoma, sub dural hematoma on the left side, fracture on the temporal region and multiple abrasion all over the body. He was treated in the hospital as an inpatient for a period of 15 days and he had expended Rs.2,687/- for purchasing medicines. The Tribunal was also satisfied with the medical records which is produced as Ext.X1 series. The accident is of the year 2003. The Tribunal has only taken a notional income of Rs.18,000/- per annum, which is inadequate. I fix it at Rs.24,000/- per annum. Certainly when a person sustains head injury including fracture on the parietal region with hematoma on both sides, certainly this would cause MACA 1052/2008 -:2:- him inconvenience, temporary disability and loss of amenities and enjoyment in life for a considerable length of time. Similarly pain and agony could have been also tremendous. Therefore I increase Rs.3,000/- for loss of amenities, Rs.2,000/- for pain and suffering and Rs.1,500/- more towards actual loss of earning thereby totalling an additional compensation of Rs.6,500/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-