IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 MACA.No. 2936 of 2008() ----------------------- OPMV.910/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- ASOKAN, AGED 40 YEARS, S/O.PADMANABHAN, KARICHAPARAMBU, WARD NO.15, MANNANCHERY.P.O. BY ADV. MR.A.T.ANILKUMAR RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. MOHANAN, S/O.KRISHNAKURUP, SIVARAMA MANDIRAM, WARD NO.12, MANNANCHERY PANCHAYATH, NORTH ARYAD.PO. 2. THE NEW INDIA ASSURANCE COMPANY, M.O.WARD, ALAPPUZHA. R2 BY ADV. MR.A.C.DEVY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2936 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)910/03. The claimant was hit by an auto rickshaw and he has been awarded a compensation of Rs.25,000/- and aggrieved by the same he had come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel for the appellant very strongly contends before me that the compensation awarded is inadequate and it requires enhancement to a substantial extent. She had also made available before me for perusal copies of documents. A perusal of the documents would reveal that the claimant had sustained a fracture on the lower end of the radius, fracture on the right condyle of mandible and fracture on the zygoma. He was initially admitted in the Medical College Hospital on 9.12.2002 and treated as an inpatient and later was treated in the M.A.C.A. 2936 OF 2008 -:2:- Community Health Centre Mohamma from 10.12.02 to 18.12.2002 as an inpatient. Then again he had gone back to the department of Dentistry of the Medical College Hospital, Alappuzha and he had undergone prolonged O.P. treatment for about 40 days thereunder. It also confirms the fracture of the mandible. The OP ticket and the said documents revealed regarding the loss of one tooth in the accident. The Tribunal has awarded Rs.25,000/- as the compensation. Since the accident is of the year 2002 I am inclined to refix his income at Rs.2,000/- and allow Rs.1,500/- towards additional loss of earnings. He is to be granted a sum of Rs.1,000/- towards extra nutritious food for the reason that he had sustained a fracture on the mandible and zygoma. Similarly towards pain and sufferings I enhance the compensation by Rs.3,500/- and for the loss of one tooth at the age of 35 I grant Rs.1,500/- more and Rs.2,500/- more is granted towards loss of amenities on account of the inconvenience that would have been caused to him on account of the three fractures thereby the claimant is entitled M.A.C.A. 2936 OF 2008 -:3:- to additional compensation of Rs.10,000/-. I am not inclined to receive the documents produced that too obtained after the date of award in this case and therefore the petition to receive the documents is dismissed. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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/-