IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 MACA.No. 2016 of 2006() ----------------------- OPMV.252/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT: ----------------------------------- LAILA CLEETUS, W/O.CLEETUS, AGED 43 YEARS, KURIYAPPALLY HOUSE, MUTHAKUNNAM. BY ADV. SRI.T.I.DANIEL RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. SIYAD, CHANDARIPARAMBIL, 7/1234, NEAR WEST SIDE HOSPITAL, KAPPALANDIMUKKU, MATTANCHERY. 2. K.A.JOB, KALATHARA HOUSE, KAPPALANDIMUKKU, KOCHI. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE NO.3, SHARANYA HOSPITAL ROAD, ERNAKULAM, KOCHI-11. 4. SULAIMAN, MANTHANATH THUNDY HOUSE, THAMMANAM, KOCHI. 5. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MANICKANAMPARAMBIL BUILDING, LAYAM ROAD, TRIPUNITHURA. BY ADV. SRI.T.D.ROBIN - R4 SRI.P.LEAN JOSE - R4 SRI.P.JAYASANKAR - R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2016 OF 2006 ===================== Dated this the 3rd day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.252/2001. The claimant, tailor by profession sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.17,533/-. It is against that decision, the present appeal is filed. A perusal of the award would reveal that he had sustained deep incised wound nose 3 x 1x1 cm and fracture to nasal bone. He had also lacerated injury right side of forehead and incised wound back of right hand. He was treated as an inpatient in the hospital for 9 days. The Tribunal fixed his income at Rs.1,500/- and granted him loss of earning by one month. An incised wound back of right hand for a tailor by profession would certainly affect his job for a period of 3 months. Therefore, I enhance the compensation for loss of earning by Rs.3,000/-. Similarly the incised wound on the forehead and the fracture to nasal bone with hospitalisation for 9 days, certainly would have made him some excruciating pain. Therefore, I enhance the compensation by Rs.1,000/- MACA 2016/2006 -:2:- under the head pain and suffering. Certainly, the fracture of the nasal bone would have caused his enjoyment in life coupled with incised wound back of right hand. I, therefore enhance the compensation by Rs.1,500/- under that head. Therefore the claimant is entitled to an additional compensation of Rs.5,500/-. In the result, the M.A.C.A. is partly allowed and the claimant will be entitled to an additional compensation of Rs.5,500/- with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-