IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 MACA.No. 2042 of 2008 --------------------------------- O.P(MV).NO.1367/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/ PETITIONER: -------------------------------------- SHAFEEQE, AGED 21 YEARS, S/O. MOHAMMEDUNNI, SHAFEENA MANZIL, VYDYARANGADI.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN. RESPONDENT/ 3RD RESPONDENT: -------------------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MALAPPURAM. BY ADV. SRI.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2008, ALONG WITH M.A.C.A. NO. 2047/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA Nos.2042 & 2047 OF 2008 ===================== Dated this the 9th day of December 2008 JUDGMENT These appeals are preferred against the award in O.P.(MV)Nos.1367 & 1366 of 2003 of the Motor Accidents Claims Tribunal, Manjeri. The Tribunal awarded a compensation of Rs.13,100/- in O.P.(MV) No.1367/2003 and Rs.76,700/- in O.P.(MV)No.1366/2003. It is against that decision, the claimants have come up in appeal. 2. Claimants are the father and son respectively who sustained injuries in a road accident. A perusal of paragraph 7 of the award would reveal that the claimant in O.P.(MV)No.1366 of 2003 had sustained head injury and he was hospitalized for a period of 25 days and he had a disability of 20%. It is true that an amount of Rs.1,30,000/- was claimed, but it was restricted to Rs.75,000/-. Any how, the Tribunal awarded Rs.76,700/-. Now it is a well settled principle that in a motor accident case when it is appropriate the Tribunal can award amounts than what is claimed, if it is really supported by materials. After hearing the learned counsel for the parties, I feel in this case that the Tribunal has only granted MACAs 2042 & 2047/08 -:2:- an amount of Rs.5,000/- for pain and suffering for a head injury and he was treated in the hospital as an inpatient for 25 days, I enhance that amount by Rs.5,000/-. Similarly, for loss of earning, I award him one more month, i.e. Rs.2,000/- and when a person sustains 20% disability there will be certainly loss of amenities and enjoyment in life for which I grant him Rs.5,000/-. Therefore the claimant in O.P.(MV)No.1366 of 2003 is entitled to an additional compensation of Rs.12,000/-. 3. So far as O.P.(MV)No.1367/2003 is concerned, the boy aged 16 years had extra dural hematoma on the parietal region and he had undergone evacuation process and he was treated in the hospital as an inpatient for 21 days. The Tribunal has only awarded Rs.13,100/- which also requires enhancement. I increase Rs.3,000/- under the head pain and suffering and Rs.5,000/- towards loss of amenities and enjoyment in life thereby enhancing the compensation by Rs.8,000/-. In the result, MACAs are partly allowed and the claimant in MACA 2042/2008 is entitled to an additional compensation of Rs.8,000/- and the claimant in MACA No.2047 of 2008 is entitled to an additional compensation of Rs.12,000/- with 7% interest on the said sum in both the cases 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 MACAs 2042 & 2047/08 -:3:- copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-