IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 MFA.No. 1173 of 2002() ---------------------- OPMV.503/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER: ----------------------------------------- K.D.JOSE S/O. DEVASSIA, KATAYIL HOUSE, KUNNATHIDAVAKA VILLAGE, CHUNDALE POST, VYTHIRI TALUK, WAYANAD DISTRICT BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. HARIDASAN S/O. KARUPPAN, MULLENPARA HOUSE, CHERATTI, CVYTHIRI TALUK, WAYANAD DISTRICT, KERALA (DRIVER OF KL-11/B-4016 JEEP- D.L.NO.NOT KNOWN) 2. K.T.KUNHABDULLA S/O.LATE EBRAHIM HAJI, THERATH HOUSE, PONMERIPARAMBIL P.O., VILLIAPPILLY, VADAKARA (OWNER OF KL 11/B-4016 JEEP) 3. NEW INDIA ASSURANCE COMPANY LTD., M.G.T. BUILDINGS, KALPETTA, INSURER OF KL 11/B-4016 JEEP- POLICY NO.NOT KNOWN. R3 BY ADV. SRI.M.M.HUSAIN THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1173 OF 2002 = = = = = = = = = = = = = = = Dated this the 23rd day of May 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in OP(MV) 503/95. The petitioner had sustained injuries in a road accident and the nature of the injury is a lacerated injury over the parietal region of the scalp 1.5 x .75 cm. and an abrasion in the scalp. He was an inpatient in the hospital for a period of three days. The Tribunal awarded a total compensation of Rs.1,850/- and it is against that decision the present appeal is preferred. He was working in the Education Department and he was an inpatient in the hospital for three days. The Tribunal only granted him loss of earnings of Rs.500/- which is inadequate and therefore I enhance it by another Rs.500/-. Similarly towards transport expense only an amount of Rs.50/- is granted which also is enhanced to Rs.100/-. So far as damages to clothing is concerned being an employee of Education Department he must have been neatly dressed and therefore I award Rs.200/- for the same, thereby enhancing it by Rs.100/- more. For medical expenses only an amount of Rs.100/- is MFA 1173 OF 2002 -2- granted which is grossly inadequate. He was in the hospital for three days as an inpatient and had sustained injury in the parietal region of the head and therefore it has to be enhanced to Rs.1,000/-, i.e. Rs.900/- more. Towards bystanders expense also from Rs.50/- I enhance it to Rs.200/- thereby making it Rs.150/- more. Since he had sustained an injury on the temporal region that too a deep wound with other injuries on the scalp an amount of Rs.2,000/- has to be awarded towards pain and sufferings, i.e. an enhancement of Rs.1,000/-. So, totally there will be an enhancement of Rs.2,700/- as compensation. In the result, the MFA is partly allowed and the insurance company is directed to pay an additional compensation of Rs.2,700/- with 7% interest on the said sum from the date of petition till realisation to the claimant and the amount has to be deposited within a period of 60 days. M.N. KRISHNAN, JUDGE. ul/- MFA 1173 OF 2002 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. 1173 No. OF 2002 = = = = = = = = = = = J U D G M E N T 23rd May, 2008.