IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 114 of 2009() ----------------------------------- OP(MV).2167/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP (MV) ----------------------- SAKUNTHALA, W/O. CHAYICHN, AGED 48 YEARS, RESIDING AT THONIKKATTIL THAZHENILLATH HOUSE, P.O. KOLATHARA, CHERUVANNOR (VIA),KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------- 1. RASHEED, S/O. KADISSA MEKKATHU RESIDING AT 9/89, PALASSERITHAZHAM P.O. OLAVANNA, KOZHIKODE, 2. NATIONAL INSURANCE COMPANY LIMITED DIVISIONL OFFICE, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. MR.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.114 OF 2009 ............................................. Dated this the 4th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2167/2003. The claimant, a 34 year old lady, sustained injuries in a road accident and the Tribunal has awarded a sum of Rs.2,000/=. It is against that decision, the claimant has come up in appeal 2. Heard the learned counsel for both sides. The learned counsel for the appellant had made available before me a document referred to by the Tribunal, which is the wound certificate, for perusal. The claimant sustained injury on the scalp and a lacerated wound of the dimension of 6x4x2 besides right shoulder pain. She was admitted in a hospital at 5.40 p.m on 8.5.2003 and was discharged at 6 p.m on 11.5.2003. The Tribunal observed that the claimant did not require hospitalization. It is not for the patient to decide regarding the hospitalization. When an injury is sustained on the scalp, necessarily it is the duty of the : 2 : M.A.C.A.No.114 OF 2009 medical team to keep the person under observation to avoid risk and therefore, one cannot hold that it was an unnecessary hospitalization. 3. Considering the dimension of the injury and the period of hospitalization and the fact that she was treated in a private hospital, I am inclined to enhance the compensation by Rs.5,000/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 7.5% interest on the said sum and the 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 cl : 3 : M.A.C.A.No.114 OF 2009