IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 2728 of 2008() ----------------------- OPMV.703/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER; ------------------------- MURALI VASU, S/O.VASU, PARATTIL HOUSE, VADATTUPARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK, NOW RESIDING AT KANIYAT HOUSE ADIMALI, MANNANKANDOM VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): RESPONDENTS: -------------------------- 1. P.EBRAHIM, S/O.PAREETH, ULLAPPILLY PUTHENPURA, PERUMBALLOOR P.O., MUVATTUPUZHA. 2. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS BRANCH MANAGER, KOTHAMANGALAM. 3. ASHARAF, S/O.ABDUL SALAM, POTTACKAMUKALEL HOUSE, MUTHUVANKUDY, KUNCHITHANNI VILLAGE, IDUKKI DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2728 OF 2008 --------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.703/2004. The claimant sustained injuries in an autorickshaw accident and the tribunal has awarded him a compensation of Rs. 25,000/-. The tribunal also found that the driver did not have a valid driving licence and therefore directed the Insurance Company to pay the amount and get it recovered from the owner. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. He had made available before me some of the documents for perusal to analyse the case. A perusal of the award would reveal that the claimant sustained a lacerated wound of 10 x 3 cm size over the right side of the forehead with skin loss extending to upper and lower eyelid through the lateral side of right eye. He was treated in a private hospital at Kothamangalam as inpatient for a period of 8 days from 29.3.2004 to 5.4.2002. He had also sustained a fracture of the M.A.C.A.No. 2728/2008 -2- enamel of the teeth and treatment has to be done for the same. The tribunal did not accept the income certificate produced on the ground that the claimant has different name in different documents. Whatever it may be, he was working in a Toddy shop. I feel the claimant requires additional compensation under the following heads. This deep penetrating injury on the face very close to the eye would have made him not to do any work at least for two months and therefore I enhance an amount of Rs. 1,500/- towards loss of earning. Similarly when an injury is sustained very close to the eye that too to a deep penetrating injury, certainly it would have caused him agony and excruciating pain. I enhance pain and suffering compensation by Rs. 3,000/-. The learned counsel had also produced before me for perusal a copy of the old and new photographs and it can be seen from that photographs that there are lot of scars on the face and it has affected his personality to some extend. Therefore I feel, for the loss of aesthetics and for amenities and enjoyment an additional compensation of Rs. 5,000/- has to be awarded. Or in other words the claimant is entitled to get an additional compensation of Rs. 9,500/-. M.A.C.A.No. 2728/2008 -3- In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 9,500/-with 8% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment and thereafter on satisfaction of the award shall recover that sum as well from the owner of the vehicle in this case. The M.A.C.A is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm