IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 MACA.No. 443 of 2009() ---------------------- OPMV.2657/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): LEGAL HEIRS OF PETITIONER --------------------------------------- 1. GOPALAN NAIR,S/O.RAMANKUTTY NAIR, PUDUSERI HOUSE/MADATHIL HOUSE, CHELANNUR.PO, CALICUT. 2. RADHA,W/O.GOPALAN NAIR,PUDUSSERI HOUSE/ MADATHIL HOUSE, CHELANNUR.P.O, CALICUT. 3. RANJITH, S/O.GOPALAN NAIR,PUDUSERI HOUSE/MADATHIL HOUSE,CHELANNUR.P.O,CALICUT. 4. SAJITH KUMAR,S/O.GOPALAN NAIR,PUDUSERI HOUSE/MADATHIL HOUSE, CHELANNUR.P.O,CALICUT. BY ADV. SRI.M.C.ANTONY RESPONDENT(S): RESPONDENTS -------------------------- 1. SREEDHARAN NAIR,'SREENIVAS'37/680, KARUVISSERY, KARAPARAMBA.P.O,KOZHIKODE. 2. SATHEESH KUMAR.V.T, S/O.RAGHAVAN, SREENILAYAM HOUSE,KANNAKKARA PATTERPALAM, EDAKKARA.P.O,CALICUT. 3. THE NEW INDIA ASSURANCE CO.LTD, BRANCH OFFICE,TRIPURI BUILDING,EAST NADAKKAVU, CALICUT. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.443 OF 2009 ............................................. Dated this the 17th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2657/2002. The claimant a 19 year old man sustained injuries in a road accident and the Tribunal has awarded him a compensation for Rs.17,508/=. Dissatisfied with the quantum, the legal representatives of the claimant have come up in appeal. 2. Heard the counsel. It can be seen that the claimant did sustained a contusion on the head with bleeding from the nostrils. He had three avulsed teeth which had to be removed. The scan report revealed a mild diffuse brain odema but no fracture. He was admitted in a hospital for 17 days. Considering the age of the person as 19 and for three teeth, I grant at the rate of Rs.4,000/= that is Rs.12,000/=which works out to an additional compensation of Rs.6,000/=. The pain and suffering compensation awarded is very low that is Rs.3,000/=. I enhance it by another Rs.3,000/= considering the period of hospitalisation, nature : 2 : M.A.C.A.No.443 OF 2009 of the injuries sustained on the head and on other parts of the body. Towards loss of amenities also I enhance it to Rs.2,000/= thereby entitling the appellant to have an additional compensation of Rs.11,000/= with 7.5% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from today. The second appellant is entitled to 50% of the amount and the first appellant is entitled to 20% of the amount and appellants 3 and 4 are entitled to 15% each. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.443 OF 2009