IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 101 of 2007(C) ------------------------------- OPMV.622/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA ........................... PETITIONER: ----------------- MATHEW AUGUSTINE, S/O. AUGUSTINE, KOTTIYANIYIL HOUSE, KADAPPATTOOR P.O., PALA-686 574. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ------------------ 1. THOMAS T., S/O. THOMAS, KOOTTIYANIYIL HOUSE, PALA-686 574. 2. K.C. AUGUSTINE, KOOTTIYANIYIL HOUSE, KOOTTIYANIYIL ROAD, KADAPPATTOOR P.O., PALA-686 574. 3. THE NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, PALA. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 101 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)622/03. The claimant, a 22 year old young man sustained injuries in a road accident and it is revealed that he had cut injury on the Achilles tendon. The award would reveal that he was an inpatient in the hospital from 7.5.03 to 12.5.03. The learned counsel made available for perusal a document issued by the Marian Medical Centre, Palai where this person had undergone treatment. It appears that on account of the wound in the Achilles tendon, P.O.P. cast was applied. So taking into consideration these materials I fix the compensation as follows. 2. The claimant is entitled to Rs.2,000/- for loss of earnings, Rs.3,000/- for pain and sufferings, Rs.1,000/- for treatment expenses, Rs.500/- for bystander's, transport and extra nourishment expenses. Thus the total amount would M.A.C.A. 101 OF 2007 -:2:- come to Rs.6,500/-. The Tribunal has awarded Rs.3,000/-. Therefore, the claimant is awarded an additional compensation of Rs.3,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,500/- with 7.5% 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/-