IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 MACA.No. 1342 of 2009() ---------------------------------- OPMV.2343/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER IN OP(MV) 2343/04 ---------------------- GOPALAKRISHNAN NAIR, S/O.PARAMESWARAN PILLAI, AIKKARATHARA HOUSE, KUMARAKOM, KOTTAYAM. BY ADVS.MR.V.K.GOPALAKRISHNA PILLAI MR.GOPAKUMAR G. (ALUVA) RESPONDENT(S): RESPONDENT NO.3 IN OP(MV) 2343/04. ------------------------- NATIONAL INSURANCE CO., P.B.NO.25, MUNICIPAL SHOPPING COMPLEX, MAIN ROAD NORTH PARUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1342 OF 2009 ............................................. Dated this the 18th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.2343/2004. The claimant, a 57 year old businessman by profession, sustained injuries in a road accident and he has been awarded a compensation of Rs.5,630/=. Dissatisfied with the said amount, the claimant has come up in appeal. 2. Heard. The learned counsel for the appellant very strongly contends before me that considering the nature of the injuries, the compensation awarded is inadequate. The learned counsel also made available for perusal a photograph of the claimant to drive into the mind of the court regarding the nature of the injury. He had very specifically stated that it is not for the purpose of dis figuration but for understanding the seriousness of the injury. It is seen that there is a long scar. The wound certificate itself will make it clear that he had a deep lacerated wound of 7 cm on the frontal region. : 2 : M.A.C.A.No.1342 OF 2009 3. When one has sustained a deep lacerated wound over the frontal region, he would not be in a position to do the work for at least one month and therefore, I grant him Rs.1,500/= towards loss of earnings. Towards pain and sufferings, I enhance it by Rs.1,000/= and towards loss of maintenance and enjoyment, I enhance it by Rs.1,000/=. The claimant was firstly admitted in Medical College Hospital and later had gone to his native place at Kottayam and certainly he would have utilised special conveyance. I award Rs.500/= for making an additional compensation of Rs.4,000/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/= 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 the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE : 3 : M.A.C.A.No.1342 OF 2009 cl