IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 676 of 2007() -------------------------------- OPMV.1668/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT. ---------------------------------- K.K.SOMAN, AGED 35, KELOTH HOUSE, CHAKKARAPARAMBU, THAMMANAM P.O., PIN-682 032. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS/RESPONDENTS. ---------------------------------------------- 1. MR.P.A.ASHARAF, AISHARYA, 18/632, PALGHAT. 2. MANI, PONNAMANGALAM VEETTIL, KAKKYUR VILLAGE, PALAKKAD. 3. THE ORIENTAL INSURANCE CO.LTD., PALGHAT. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 676 OF 2007 --------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) No.1668/99. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 10,000/- by the tribunal. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the Insurance Company. A perusal of the award would reveal that the claimant had sustained a contusion on the left thigh, lacerations on left ear pinna sutured, lacerations on right temporal region and left cheek sutured. There were scars on the face and head. He had undergone inpatient treatment for 7 days. The tribunal awarded a total compensation of Rs. 10,000/-. I recalculate the compensation as follows: 3. On account of various injuries including sutured wound on the pinna and cheek, he would not have been in a position to do any work for two months. Therefore I award Rs. 3,600/- towards loss of earning. He was treated in Ernakulam Medical Centre which M.A.C.A.No. 676/2007 -2- is a private hospital and considering the length of the treatment and nature of injuries including medical bills, I award an amount of Rs. 4,000/-. I award Rs. 700/- towards bystanders expenses, Rs. 700/- towards nutritious food and damage to clothing, Rs. 4,000/- towards pain and suffering and Rs. 2,000/- towards loss of amenities and slight disfiguration by presence of scars. Thereby claimant is awarded a compensation of Rs. 15,000/- out of which Rs. 10,000/- had already been awarded by the tribunal. Thus the claimant will be entitled to get an additional compensation of Rs. 5,000/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 5,000/- with 7.5% interest on the said sum from the date of petition till realisation. The 3rd respondent Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm