IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 855 of 2005() -------------------------------- O.P.M.V.19/01 OF MOTOR ACCIDENTS CLAIMS TRIBBUNAL, MUVATTUPUZHA. APPELLANT:/PETITIONER: -------------------------------------- SHAMEER K.M., S/O. MAKKAR, AGED 25 YEARS, KUZHIPPILLIL HOUSE, CHENGARA KARA, PATTIMATTOM. BY ADV. SRI.PAUL K.VARGHESE RESPONDENTS:/RESPONDENTS ----------------------------------------------- 1. M.C. GEORGE, MYALIPUTHENPURAYIL, VALAMBOOR, PATTIMATTOM (R/C OWNER OF THE KCF 2058 MOTORCYCLE). 2. RIYAS, S/O. KHADHAR, THOTTUNGAL HOUSE, KAITHAKADU, PATTIMATTOM, (DRIVER OF THE KCF 2058 MOTORCYCLE). 3. UNITED INDIA INSURANCE CO. LTD., MUNICIPAL SHOPPING COMPLEX, MUVATTUPUZHA. BY ADV. SRI.K.B.GANESH - R1 SRI.JOHN JOSEPH VETTIKAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 855 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)19/01. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.6,700/-. It is against that decision the present appeal is preferred. 2. Heard counsel for both sides. A perusal of the award would show that the petitioner has sustained a head injury and there was cerebral concussion and was treated conservatively and discharged after a period of four days. The Tribunal has awarded only Rs.400/- towards loss of earnings which I found is extremely unreasonable and grant six weeks loss of earnings. Therefore I fix the notional income at Rs.1,250/- and award an additional compensation of Rs.1,000/- more. Similarly, towards transport expenses I enhance it by Rs.200/-. No amount has been granted for damages to clothing as well as for extra nourishment and for M.A.C.A. 855 OF 2005 -:2:- bystander's expenses. Certainly his clothes would have been damaged and he would have been taken some extra nourishment to recover the health and certainly there would have been somebody to look after him during the period of hospitalization. So taking into consideration all these aspects I award an amount of Rs.1,000/- under those heads. The Tribunal has only awarded a medical expense of Rs.500/-. It is revealed that he had a cerebral concussion and therefore C.T. Scan would have been taken. He might not have preserved all the bills. So I enhance it by Rs.1,000/-. The Tribunal has only awarded Rs.500/- for the injury sustained. I feel on account of the cerebral concussion certainly there would have been loss of amenities and enjoyment of life for some time towards which I award a sum of Rs.2,000/-. Therefore the total additional compensation would come to 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% interest on the said sum from the date of M.A.C.A. 855 OF 2005 -:3:- 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/-