IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 1862 of 2009(C) ----------------------- OPMV.47/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------------- SIVADASAN, S/O.KUNHIKANDAN, AGED 39 YEARS, PUTHUKUNDI HOUSE, KARANTHOOR POST, KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. M.P.BIJU, THUVAKUNNUMMAL HOUSE, THAMARASSERY POST, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, VELIMANA BUILDING, MAIN ROAD, THAMARASSERY. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SMT.C.G.PREETHA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1862 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of July, 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)47/04. The claimant, a 34 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.17,500/-. The appeal is filed for enhancement of compensation. 2. Heard. It is the case of the claimant that while he was walking along the road the vehicle came and hit on him resulting in injuries to him. The Tribunal even felt that the claimant has not produced wound certificate. But I find that a large number of documents are produced to show the nature of injuries sustained and there is no dispute with respect to the accident. So the mere non production of wound certificate cannot be considered as a ground to reduce compensation. He was treated in the Medical College Hospital as an inpatient from 14.3.03 to 23.3.03. The M.A.C.A. 1862 OF 2009 -:2:- diagnosis was abrasions on the left side of the face, avulsion of one teeth, fracture of one teeth, fracture of the left maxilla and the fracture of left zygoma. There was extraction of third incisor. A perusal of the scan report would reveal that there was a hemorrhagic contusion measuring 8 x 8 mm on the right temporal lobe. There were multiple fractures involving lateral and medial wall of maxillary and antrum of left side extending to lateral wall of orbit with posterior displacement of zygomatic bone with undisplaced fracture on the arch of zygomatic bones on the same side. So there were injuries which required prolonged treatment. There was an extraction of teeth for a 34 year old man and repair to be done for the avulsed teeth besides fracture on the zygomatic bone. Therefore I am inclined to grant the following as the additional compensation. 3. Towards medical expenses I award Rs.1,000/-, towards nutritious food I award Rs.1,000/-, towards pain and sufferings an additional amount of Rs.2,000/- is awarded, towards loss of teeth cum repair an additional amount of M.A.C.A. 1862 OF 2009 -:3:- Rs.1,500/- is granted, towards loss of amenities Rs.2,000/- more is granted and towards loss of income Rs.2,000/- more is granted thus making an additional compensation of Rs.9,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,500/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent in the claim petition 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/-