IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 1105 of 2009() ------------------------------------ OPMV.2626/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OPMV --------------------------------------------------- K.T. SALEEM, S/O ABDULLA, AGED 32 YEARS, KEETHODI HOUSE, IRINGATH POST, VIA PAYYOLI, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENTS/RESPONDENTS IN O.P.(MV): ----------------------------------------------------------------- 1. PRAMODKUMAR, RADHA NILAYAM, IRINGAL, VADAKARA, KOZHIKODE. 2. SAJEEVAN, S/O. KUNHIKANNAN, AGED 31 YEARS, CHERUKUNNUMMAL HOUSE, KAKKODI POST, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NO.II, P.B.NO. 192, EEMATOWERS, MAVOOR ROAD, KOZHIKODE. R3 BY SRI JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1105 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of August, 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)2626/02. The claimant got injuries in a road accident and the Tribunal awarded him a compensation of Rs.11,385/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard. I had the opportunity to peruse the entire treatment records made available to me by the learned counsel for the appellant. The claimant had multiple abrasions over left wrist. He had a fracture on the post wall of the left maxilla and a lacerated wound over the left orbit. A perusal of the case sheet would reveal that he had been regularly visiting hospitals for one thing or the other though the serious injury is only a fracture on the maxilla. He had been seen by almost all departments in the Medical College Hospital. Therefore taking into consideration these aspects I am inclined to enhance the compensation as follows. M.A.C.A. 1105 OF 2009 -:2:- 3. For the continuous treatment he had undergone I award Rs.4,000/- more towards pain and sufferings. Certainly the long period of treatment would have affected his enjoyment in life. I award Rs.3,000/- more under that head. Certainly he was not in a position to do work for two to three months. For that I award Rs.1,500/- more. Since it is a fracture of the maxilla coupled with facial injuries he would have been incapable of taking sold food for some time for which I award Rs.500/- towards nutritious food. Therefore he was awarded an additional compensation of Rs.9,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/- with 7.5% 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/-