IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 798 of 2007(D) ------------------------------- OPMV.1207/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ------------------------------- M.MOHAMMED JUNAID @ M.M.JUNAID, S/O MEERA SAHIB, 17/485(II)KAVYAD, PANDARAKAVU, KUNNATHURMEDU, PALAKKAD DIST. BY ADV. SRI.H.BADARUDDIN RESPONDENTS/RESPONDENTS: ------------------------------------- 1. M.P.PEYUSH, SINDU NIVAS, KOTHAPARAMBU, KODUNGALLUR, TRISSUR DISTRICT. 2. C.V.UNNIKRISHNAN, S/O VIJAYAN, CHEMANDA PARAMBIL HOUSE, METHALA VILLAGE, KODUNGALLUR, TRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, P.B.NO.27, MANAPPAT BUILDING, NORTH NADA, KODUNGALLUR-680664. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 798 OF 2007 = = = = = = = = = = = = = = = Dated this the 1st day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)1207/99. The claimant, claiming to be a Deputy Tahsildar, sustained injuries in a road accident. He was aged 52 years at the time of the accident. A perusal of the award would show that he sustained a fracture on the nasal bone undisplaced and he had bleeding from nose. He was treated in the Alappuzha Hospital and thereafter was treated in the Government Hospital at Palakkad. The Tribunal awarded him a a total compensation of Rs.13,750/-. 2. After perusing the award and the nature of injuries sustained and a special reference to paragraph 13 of the award, the Tribunal itself has observed that he would have required 12 weeks rest for healing of the wound and union of the fracture bones. The fracture of nasal bone with profuse bleeding certainly would have caused him temporary M.A.C.A. 798 OF 2007 -:2:- disability, loss of amenities and enjoyment in life for a considerable length of period and it will be all the more for a 52 year old man and therefore I feel this is a fit case where at least Rs.3,000/- has to be enhanced under that head. On all other heads the Tribunal has awarded a reasonable compensation. Therefore the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 6% 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/-