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. 283 of 2003(D) ----------------------------------- O.P(MV).NO.3138/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/PETITIONER/CLAIMANT: ----------------------------------------------------- SUNILKUMAR K.C., S/O. CHANDRAN, ANDALAMURI, THEKKUMBHAGAM, THRIPUNITHURA P.O. BY ADV. SRI.K.JANARDHANAN, ADV. SRI.MANURAJ. K.J. RESPONDENTS/ RESPONDENTS 1 TO 3 IN THE CLAIM PETITION: --------------------------------------------------------------------------------------------- 1. K.J. LUIS, KATTITHARA HOUSE, KUNDANNOOR, MARADU. 2. MR. GOPI, S/O. SREENIVASAN, EDAPPARAMBIL VEETTIL, THRIPOONITHURA, THEKKUMBHAGAM, THRIPOONITHURA. 3. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, JOS BUILDING, ERNAKULAM. BY ADV. DR.ELIZABETH VARKEY - R.3. 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. 283 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) No.3138/96. The appellant/petitioner had sustained injuries in a road accident including fracture of the mandible and also lacerated injury on the anterior aspect of the left pinna. He was treated as inpatient from 14.9.95 to 19.9.95. The Tribunal had awarded a compensation of Rs.20,250/-. It is against this decision, the present appeal is preferred. 2. Learned counsel for the appellant would contend that the medical expenses itself would come to Rs.10,622/- and therefore the compensation awarded by the Tribunal is grossly inadequate. It is true that the appellant had sustained facial injury including fracture of the mandible. The Tribunal has awarded loss of earning for two months. But considering the injury sustained by the appellant on the face coupled with the fracture of mandible one more month's loss of earning can be granted i.e. Rs.1,500/-. So far as pain and sufferings is concerned, it is to be remembered that the accident is of the year MACA NO.283/03 2 1995 and the Tribunal has awarded compensation of Rs.3,000/-. Since the fracture of the mandible will cause some inconvenience, I am inclined to enhance the compensation by Rs.5,000/- i.e. by Rs.2,000/- more. Similarly there would have been loss of amenities and enjoyment in life for a temporary period and it would have taken him some time to get adjusted to the said pattern. The Tribunal has awarded a compensation of Rs.2,000/- for loss of amenities and enjoyment in life and for other inconvenience. It appears to be inadequate. Therefore I enhance it by Rs.3,000/-. On all other heads the compensation awarded appears to be reasonable. Therefore the claimant is entitled to an additional compensation of Rs.6,500/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/- 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.283/03 3