IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 1267 of 2008() ---------------------------------- OPMV.3158/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: ---------------------------------- HUSSAIN, 43 YEARS, S/O.MOIDEEN KUNHI, PALATHINGAL, KAVUMPURAM PO., PUTHUPPADDY, KOZHIKODE BY ADV. SRI.K.M.FIROZ RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. CHITRALEKHA, PUTHIYOTTIL HOUSE KOOTHALI, PERAMBRA, KOZHIKODE 2. HAROON, S/O.IMBICHIMUHAMMED KILAYIL, KAVUMPURAM PO., PUTHUPPADY, KOZHIKODE 3. NEW INDIA ASSURANCE COMPANY LTD., DOOR NO.19/253, AL MUBARAK BUILDING, EDODI, VADAKARA, KOZHIKODE DISTRICT. 4. V.M.SAREE SELLECTION, 197, GOKUL STREET, RAM NAGAR, COIMBATORE-641 009 5. R.DHANASEELAN, S/O.RAJA, 57 B, NERHU STREET, B.R.PURAM, PEELAMEDU, COIMBATORE 6. NATIONAL INSURANCE CO.LTD., DO.II, 16, STATE BANK ROAD, COIMBATORE-641 018. ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1267 OF 2008 ===================== Dated this the 27th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.3158 of 2001. The claimant sustained injuries in a road accident and it was revealed that he had sustained a fracture on the squamous and temporal bone. He was treated as an inpatient in the hospital for 12 days. Squamous means a flat scale like epithelial cell. Temporal bone is one of the pair of large bones forming part of the lower cranium and containing various cavities. One of the portions of the temporal bone is squamous. On account of the impact the squamous as well as temporal bone to some extent were fractured. It can be classified as a head injury and that is why he had undergone inpatient treatment in the hospital for 12 days. Certainly, on account of the same, he would not have been in a position to do any work for 8 to 10 weeks. Therefore I enhance the compensation for loss of earning by Rs.2,000/-. When he sustained head injury and that too some bleeding, pain and suffering and mental anguish will be really high and therefore taking into consideration that MACA 1267/2008 -:2:- aspect, I am inclined to increase the compensation for pain and suffering by Rs.5,000/-. Similarly, when he sustained a head injury, the disability process can take in a process of time and one can develop complications as well. Therefore at least a reasonable amount has to be awarded. So, I enhance that compensation for loss of amenities by Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-