IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 MACA.No. 398 of 2010() --------------------------------- OPMV.956/2006 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ E.VIJAYAPRADHAN, S/O.PARAMESWARAN AGED 47 YEARS,PIDAKKAL HOUSE, POKKUNNU PO, KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENT ------------------------- 1. A.DACAN, S/O.CHATHU AGE NOT KNOWN,RESIDING AT 9/379, SUDASMI, PANTHEERANKAVU PO,PERUVAYAL, KOZHIKODE DISTRICT,. 2. NATIONAL INSURANCE CO.LTD, DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.K.M.JAMALUDHEEN FOR R1 SRI.K.K.KRISHNA KUMAR SMT.LATHA PRABHAKARAN FOR R1 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.398 OF 2010 ............................................. Dated this the 17th day of May, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in O.P.(MV)No.956/2006. The claimant sustained injuries in a road accident and the Tribunal has awarded him Rs. 21,530/= as compensation. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard both sides. I feel, the matter requires reconsideration and recalculation. Admittedly bills worth Rs.4,790/= are produced but no medical expense is seen granted. Therefore, it has to be allowed. Similarly no amount is seen granted for extra nutritious food, bystander's expense etc. The compensation granted for pain and sufferings appears to be on the higher side and the compensation granted for loss of earnings as well as loss of amenities appears to be low. I had perused the medical records which show that the claimant had sustained a head injury and surgical intervention was necessary to evacuate : 2 : M.A.C.A.NO.398 OF 2010 the hemorrhage. Therefore the claimant had sustained real sufferings in this case. I recalculate the compensation as follows: 3. Towards medical expense, I grant Rs.4,790/=, towards bystander's and extra nutritious food, Rs.1,000/= each, towards transport, Rs.500/=, towards pain and sufferings, Rs.12,000/=, towards actual loss of earnings Rs.5,000/= and loss of amenities Rs.5,000/= which makes a total compensation of Rs.29,290/=, out of which Rs.21,530/= has been granted. So, the balance would be Rs.7,760/= which I round as Rs.8,000/=. 4. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of two months from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.398 OF 2010 : 4 : M.A.C.A.NO.398 OF 2010