IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 118 of 2008(C) ------------------------------------ O.P(MV).NO.2050/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN THE OP(MV): ------------------------------------------------------------ DAMODHARAN, S/O. KUNHIKANARAN (LATE), AGED 61 YEARS, RESIDING AT THATTUPURAM HOUSE, MUNNAMTHODU, THAMARASSERY P.O., KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN. RESPONDENTS/ RESPONDENTS IN THE OP(MV): ---------------------------------------------------------------------- 1. RAJESH, S/O. RAGHAVAN, AGE NOT KNOWN, RESIDING AT RAGAM, 3/854, PANICKER ROAD, P.O. NADAKKAVU, KOZHIKODE. 2. MUHAMMED BASHEER, S/O. ALI, AGED 47 YEARS, RESIDING AT PULIKUZHIYIL HOUSE, P.O. M.M. PARAMBU, UNNIKULAM, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY. ADV. SRI.A.R.GEORGE FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.118 OF 2008 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.2050 of 2002. The claimant, a 56 year old man sustained injuries in a road accident and he has been granted a compensation of Rs.10,392/-. It is against that decision, the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the counsel for the insurance company. Learned counsel for the appellant had made available before me for perusal the photocopy of the reference card issued by the Medical College Hospital, Kozhikode. It would show that the claimant was treated in the hospital as an inpatient from 5.12.2001 to 12.12.2001. It also shows that CT scan was taken which did show that he had a multiple fracture involving the end wall of right maxilla sinus and left side of the frontal bone with haematoma. The Tribunal in one sentence would state that there is no evidence, but in another sentence it would indicate about the CT scan. Whatever it may be, it is a fact that he had sustained fracture. MACA 118/2008 -:2:- Therefore the claimant is entitled to some enhanced compensation. No amount has been given towards actual loss of earning. On account of the accident, he would have been prevented from doing any work for a period of 6 to 8 weeks. I therefore award him Rs.2,500/- towards actual loss of earning. Similarly when he had sustained a fracture on maxilla and frontal bone certainly it would cause him loss of amenities and enjoyment in life for some time. Therefore I grant him a sum of Rs.5,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.7,500/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,500/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-