IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 1439 of 2005(B) ------------------------------------ (O.P(MV).NO.1267/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL) .................... APPELLANT/PETITIONER: ------------------------------------- S. VIJAYAN NAIR, S/O.SANKARA PILLAI, SARANYA BHAVAN, VAZHAKKADU, NANNATTUKAVU, POTHENCODE P.O., THIRUVANANTHAPURAM DIST. BY ADVS. SRI.K.SANDESH RAJA, SMT.SANJANA .R.NAIR. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. M. RAVEENDRAN NAIR, S/O.MADHAVAN PILLAI, SREEVISAKAM, MAHADEVAPURAM, KILIMANOOR, THIRUVANANTHAPURAM DIST. 2. ANILKUMAR, S/O. BHARGAVAN, BABY MANDIRAM, KILIMANOOR,THIRUVANANTHAPURAM DIST. 3. M/S. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, C.W.C. BUILDING,L.M.S.COMPOUND, PALAYAM, THIRUVANANTHAPURAM-33. R3 BY ADVS. SMT.D.GEETHA, SMT.K.SHERIN MOHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1439 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Attingal in O.P.(MV) 1267/00. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.38,200/- and it is against that decision the claimant has come up in appeal for enhancement. 2. Heard. A perusal of the award would reveal that the claimant had sustained soft tissue swelling on the right parietal region and subdural haematoma. The Doctor assessed the disability at 10%. The Tribunal took it only as 5% and awarded the compensation. The Doctor has not been examined. But I do not want to interfere with the percentage taken by the Tribunal and he has taken a reasonable amount as wages for fixing the compensation. But the Tribunal has just granted M.A.C.A. 1439 OF 2005 -:2:- one month's loss of earnings for a man who had really sustained a head injury. It should have been at least there for three months and therefore towards actual loss of earnings I increase it by Rs.4,000/-. Similarly, the Tribunal should have granted him some compensation for loss of amenities and enjoyment in life which I fix as Rs.5,000/-. It is also seen that no amount is seen granted for bystanders expenses and other incidental expenses for which I award a sum of Rs.1,000/-. Therefore the claimant is entitled to an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-