IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 1827 of 2005(B) ------------------------------------- O.P(MV).NO.1824/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- JOSEPH @ RAJU, S/O.KURIAKOSE, PALACHUVATTIL HOUSE, POTHYKARA, VADAYAR VILLAGE, VAIKOM. BY ADV. SRI.T.K.KOSHY, ADV. SRI.JOSWIN THAMBI KUNNATH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. ANILKUMAR, S/O.KUNJUKUNJU, KARATHARAYIL HOUSE, THALAPPARA BHAGAM, THALAYOLAPARAMBU, VADAYAR VILLAGE. 2. JOY GARVASIS, S/O.GARVASIS, MAPURACKAL HOUSE, KADUTHURUTHY P.O., KOTTAYAM. 3. THE NATIONAL INSURANCE CO LTD., THRIPUNITHURA. BY ADV. SRI.MATHEWS JACOB (SR.) - R3, ADV. SRI.P.JACOB MATHEW - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1827 OF 2005 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 1824/01. The appellant/petitioner sustained injuries in a road accident and the discharge certificate would reveal that he had a comminuted intra articular fracture of the lower end of the radius. The Doctor has also certified that his injuries needs atleast three months for complete recovery. A perusal of the other OP ticket also would show that he had visited the hospital on many occasions in connection with the treatment. 2. Learned counsel for the appellant would contend before me that the Tribunal did not give sufficient opportunity to produce documents and adduce evidence. It was the duty of the party to produce those documents in time and not to blame the Tribunal. But, after a perusal of the treatment records, I am convinced that the appellant is entitled to some enhancement in this case as follows. The treatment was done only in the Medical College Hospital and MACA No.1827/05 2 certainly he had visited the hospital for more than 10 occasions, I increase the amount towards transport expenses by Rs.800/-. I enhance the medical expenses from Rs.750/- to Rs.2,000/-i.e. an increase by Rs.1,250/-. Being a driver by profession, he was not able to do the work for atleast three months as certified. As he was not been able to earn the income for three months, I enhance it by Rs.1,500/-. Towards compensation for pain and suffering only Rs.4,500/- was awarded. I enhance it by Rs.7,000/- i.e. an additional amount of Rs.2,500/-. Thus there will be an additional compensation of Rs.6,050/-. To this extent, the appeal is allowed. In the result, the MFA is partly allowed and the claimant is awarded an additional compensation of Rs.6,050/- with 7.5% interest on the said sum from the date of petition till realisation from the respondents. 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 vps