IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 102 of 2007() ---------------------- OPMV.2492/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS IN OP(MV) ---------------------------------------------- 1. MALLIKA, AGED 60 YEARS, W/O.LATE BHASKARAN, KIZHAKKEPURAYIL, KOYILANDY POST, VALIYA MANGAD BEACH, KOZHIKODE. 2. MANOJ KUMAR, AGED 34 YEARS, S/O.LATE BHASKARAN, KIZHAKKEPURAYIL, KOYILANDY POST, VALIYA MANGAD BEACH, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/ RESPONDENTS ----------------------------------- 1. GEORGE JAMES, S/O.VARKEY, RESIDING AT PERULATH PARAMBIL VEEDU, VILANGAD AMSOM DESOM, VELLIYODU POST, KALLACHI, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., MUBARAK BUILDING, EDADI, BADAGARA. ADV. SRI.KKM.SHERIF FOR R2 SRI.A.A.ZIYAD RAHMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 102 OF 2007 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 2492/00. The claimant sustained injuries in a road accident. Ext.A1 would show that the police had recorded his statement from the hospital on the next day of the accident. Ext.A2 is the discharge card issued by the General Hospital, Kozhikode. It would reveal that he was admitted on 15.9.00 and discharged on 28.9.00. He had suffered abrasions on the skin and also fracture of the pubic ramus. He had some problem of vomiting and therefore consulted the Doctor on 20.10.00. On that day the Doctor attached to the hospital issued a letter to the neurosurgeon of the Medical College Hospital, Kozhikode, which is marked as Ext.A3. Ext.A4 is the OP ticket which directed the blood as well as scan of the original claimant to be taken. Ext.A5 is the blood report. It is only a blood report and not a diagnostic report issued by any Doctors. Ext.A6 is the scan report which does not show any serious involvement of the brain in the accident. With these documents, the Tribunal granted a MACA No. 102/07 2 compensation of Rs.3,500/-. 2. I feel the amount awarded by the Tribunal is grossly inadequate. The original claimant was a poor man and necessarily he had to depend upon the Government hospital for his treatment. He was treated as inpatient in the hospital for a period of 14 days and again revisited the hospital with complaints of vomiting. It is true that there is no serious ailment as such for the claimant but had problems on account of the injury sustained in the accident. We do not find a further clarification of the fracture of the pubic ramus and when it reaches the Medical College Hospital, more concern was shown with respect to his suspected oedema on the head. So this is a case where the original claimant had substantial sufferings and had undergone treatment. Being a man aged 69, one need not calculate the compensation on per head basis. But a global compensation has to be awarded for the nature of injuries sustained by him. I feel a proper compensation of Rs.12,000/- has to be awarded. Therefore, the claimant is awarded a compensation of Rs.12,000/- out of which Rs.3,500/- is already awarded. Therefore, the claimant will be entitled to an additional compensation of Rs.8,500/-. MACA No. 102/07 3 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 102/07 4