IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 1647 of 2004() ----------------------- OPMV.386/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT:PETITIONER IN OP(MV)386 OF 1999: --------------------------------------------------------------------------- HARIDASAN, S/O.SEKHARAN, KELAMANGALATHU HOUSE, CHEMPU P.O., KATTIKUNNU, VAIKOM TALUK. BY ADV. SRI.P.M.NATESAN RESPONDENTS: RESPONDENTS IN OP(MV) 386 OF 1999: ------------------------------------------------------------------------------------ 1. RAVI, S/O.PARAMESWARAN ACHARY, MANGALATHUMADATHIL, IRUMPOOZHIKARA, VADAKKEMURY VILLAGE, VAIKOM TALUK. 2. JOSE ABRAHAM, KATTIPARAMBIL HOUSE, THEKKENADA P.O., VAIKOM TALUK. 3. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE ETTUMANOOR, REPRESENTED BY ITS BRANCH MANAGER. BY ADV. SRI.LAL GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1647 OF 2004 --------------------- Dated this the 9th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) No.386/99. It appears from the award that the learned lawyers left it to the discretion of the court to fix the compensation and the Tribunal had fixed it at Rs.15,500/-. Aggrieved by that, the claimant has come up in appeal. 2. Learned counsel for the Insurance Company has made available before me a copy of the application filed under section 166 of the Motor Vehicles Act. Column 11 of the said application would reveal that the appellant had sustained incised wound of 8 inch long from right side of the right upper lid and the right eye brow is separated from the bone and there is a 'V' shaped wound of 5 inch long on back of the scalp. There were as many as 13 other superficial injuries on different parts of the body. He was treated as an inpatient for a period of 8 days in St.John's Hospital. The Tribunal has awarded only an amount of Rs.3,000/- towards loss of earning. I feel that the serious injuries in the form of incised wound on the skull MACA No.1647/04 2 would have taken a long time to bring this man to normalcy. Therefore, I am inclined to increase the loss of earning for four months, i.e., an additional compensation of Rs.3,000/-. Considering the nature and the number of injuries all over the body which would have certainly caused excruciating pain, I enhance the compensation for pain and suffering by Rs.2,500/-. Certainly, the injury that has been caused on the skull with exposure and the other injuries on various parts of the body would have caused him loss of amenities and enjoyment in life for a man aged 36 years. Therefore, I feel an amount of Rs.4,500/- has to be awarded under the head of loss of amenities and enjoyment in life whereby the appellant will be entitled to an additional compensation of Rs.10,000/-. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7 % 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 a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1647/04 3