IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 114 of 2008(C) ------------------------------- OPMV.235/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/CLAIMANT : ----------------------------- T.K.KRISHNANKUTTY, S/O.KURUMBAN, AGED 50 YEARS, RESIDING AT THADATHIL VEEDU, SOUTH PERUNNAMATTOM, KADAVOOR VILLAGE. BY ADV. SRI.A.L.GEORGE RESPONDENTS/RESPONDENTS IN THE OP : ---------------------------------------------------- 1. JAISON PAUL, AVARAPPATTU HOUSE, PAREEKANNI P.O., KOTHAMANGALAM. 2. ANI, S/O.THOMAS, MURUGAPPILLY HOUSE, MULLARUGADU, VANNAPPURAM. 3. UNITED INDIA INSURANCE CO. LTD., THODUPUZHA. ADV. SRI.A.R.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 114 OF 2008 --------------------------------- Dated this the 6th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Muvattupuzha in O.P.(MV) No.235/2003. The claimant, a 50 year old man, a tapper by profession, sustained injuries in a road accident and as a result of which his two teeth have to be extracted besides other injuries. He was inpatient in the hospital for 15 days and the Tribunal awarded him a compensation of Rs. 11,865/. 2. Heard the learned counsel for the appellant as well as the respondent. The learned counsel for the appellant would contended that the compensation awarded is not commensurate with the injuries sustained and therefore prays for enhancement. It is a fact that he had been hospitalised for 15 days. The Tribunal granted him compensation for absence of duty for 20 days which is not sufficient. He would have been prevented from doing any work for 6 weeks. Therefore I award an amount of Rs. 1,650/- towards loss of earning. He was inpatient for 15 days and there would have been M.A.C.A.No. 114 OF 2008 2 somebody to look after him during the period of hospitalisation. The Tribunal did not award any amount towards that. I award an amount of Rs. 1,500/- for the expenses of bystanders. On all other heads the compensation awarded is adequate and proper. Therefore the M.A.C.A is allowed and the claimant is entitled to get an additional compensation of Rs. 3,150/- with 6.5% 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