IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 MFA.No. 1209 of 2002(E) ----------------------------- OPMV.3169/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER: ---------------------------------- PRAJIM, S/O. LATE ANANDHAN, PUTHUVAPARAMBIL HOUSE, P.O.KUNDALIYUR, CHETTUVA, THRISSUR DISTRICT. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENT(S): RESPONDENTS: ----------------------------------------- 1. K.A.SUNIL, S/O. APPUKUTTAN, KOCHAKARAN HOUSE, P.O. ENGANDIYUR, THRISSUR DIST. 2. RAGUVARAN, S/O. BALAKRISHNAN, ARUKETTY HOUSE, P.O. ENGANDIYUR, THRISSUR DIST. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, II FLOOR, PERINCHERRY BUILDINGS, ROUND NORTH, THRISSUR. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1209 OF 2002 = = = = = = = = = = = = = = = Dated this the 3rd day of February, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in OP(MV) 3169/00. The claimant, a fisherman by profession sustained injuries in a road accident. The Tribunal awarded a total compensation of Rs.26,550/-. It is against that decision the claimant has come up in appeal for enhancement. A perusal of paragraphs 23 and 24 of the award would reveal that the claimant had sustained a lacerated wound over the forehead, Oedema on the eye lid, lacerated wound on the face, lacerated wound on the right pinna and an incised wound of 15 x 7 cms. back of the left thigh exposing the muscles. He was initially shown in a local hospital and was referred to the Medical College Hospital wherein he had undergone treatment from 20.8.00 to 22.8.00 and on that day he was discharged at his request and was admitted in a private hospital called Aswini Hospital MFA 1209 of 2002 -2- where he had undergone treatment thereafter. The C.T. Scan revealed mild brain oedema. The claimant is a fisherman by profession and the Tribunal has awarded him loss of earnings of Rs.3,000/- for one and half months. Considering the profession as a fisherman and also the factum that he had brain oedema coupled with exposed incised wound on the thigh muscles having a dimension of 15 x 7 cms. I am inclined to fix the wages at Rs.2,500/- and give a compensation for loss of earnings for two months which would come to Rs.5,000/-. So the claimant will be entitled to an additional compensation of Rs.2,000/- under that head. Similarly, I feel that the compensation awarded for pain and sufferings is also low considering the nature of injuries. He had undergone treatment in two hospitals for more than two to three weeks and he had brain oedema coupled with other injuries on the face and an incised wound on the thigh exposing muscles I enhance the pain and sufferings compensation to Rs.10,000/- thereby increasing an amount of Rs.2,500/- more. Considering these aspects I am also inclined to enhance the MFA 1209 of 2002 -3- compensation for loss of amenities and enjoyment by Rs.2,000/- thereby making it an additional compensation of Rs.6,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/- 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/- MFA 1209 of 2002 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 1209 OF 2002 = = = = = = = = = = = J U D G M E N T 3rd February, 2009.