IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 MACA.No. 997 of 2007(B) ---------------------- OPMV.2778/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /PETITIONER NO.2 -------------------------------------------- VILASINI AMMA, W/O. NARAYANAN NAIR, THALAPULATH HOUSE, VASUPURAM P.O., MATTATHURKUNNU P.O., KODAKARA, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS --------------------------- 1. P.V.SATHISH, (OWNER), S/O. P.M.VIJAYAN, PATTALIKADAN HOUSE, CHEMBUCHIRA P.O., KODAKARA, THRISSUR DISTRICT. 2. JOSE (DRIVER), S/O. VARGHESE, PAYYAPPILLY HOUSE, KODALI, MATTATHUR P.O., KODAKARA, THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., CALICUT BRANCH, CALICUT. 4. MANAGING PARTNER, K.R.TRANSPORT, KOZHIKODE. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 997 OF 2007 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)2778/93. The original claimant, a 26 year old young man sustained injuries in a road accident and subsequently died on 17.5.2005 and his mother is the supplemental 2nd claimant. The Tribunal awarded the 2nd claimant a compensation of Rs.22,329/- and it is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant very strongly contends before me that the Tribunal has totally erred in not taking into consideration the disability certificate issued in the case. It is seen that the said document is not exhibited before Court. I may state that the said certificate cannot be looked into by this Court also for the reason the injury sustained mainly is a head injury and M.A.C.A. 997 OF 2007 -:2:- the disability certificate is issued by an orthopedic surgeon. Therefore the acceptance of that disability certificate may not improve the case of the claimant. But at the same time I feel that there is inadequacy of compensation for the claimant. It can be seen that the original claimant had sustained a compound depressed fracture on the parietal region and an injury on the spine, injury on the right shoulder and scan report confirm the same. He had expended Rs.10,928/- for medicine which would also indicate the gravity of the injury as early as in 1993. I revise the compensation as follows. Certainly on account of the compound fracture of the parietal bone and being a head load worker by profession he would not have been in a position to do any work for a period of four months and therefore towards additional compensation for loss of earnings I award a sum of Rs.3,000/-. Similarly, the head injury coupled with the injury on the spine and other wounds would have caused excruciating pain to the injured and therefore I enhance the compensation for pain and sufferings M.A.C.A. 997 OF 2007 -:3:- by Rs.4,000/-. When a 26 year old man sustained fracture on the head coupled with the other wounds necessarily there would have been loss of amenities and enjoyment in life and I feel that an amount of Rs.3,000/- further has to be awarded under that head. Therefore the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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 and the Tribunal is directed to disburse the amount to the claimant. M.N. KRISHNAN, JUDGE. ul/-