IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 M.A.C.A.No. 1957 of 2007(D) ------------------------------------ OP(MV) NO.1078/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................................... APPELLANT/PETITIONER: -------------------------------------- VASUDEVAN.T.T., S/O.SANKARAN NAIR, AGED ABOUT 40 YEARS, THAZHETHEKKUMKARA HOUSE, PANTHEERANKAVU, KOZHIKOKDE. BY ADV. SRI.JIJI THOMAS PAMBACKAL RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. SUHARA HARIS, W/O.LATE HARIS, SHAJU COTTAGE, VALAPPIL HOUSE, V.O.ROAD, VATAKARA, KOZHIKODE. 2. THE ORIENTAL INSURANCE CO. LTD., VATAKARA, KOZHIKODE. ADV. SRI.RAJESH THOMAS - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1957 OF 2007 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 1078/1998. I do not have the assistance of the counsel appearing for the parties and therefore I had perused the award and considering the matters. The appeal is for enhancement of compensation. 2. A perusal of para 7 of the award would reveal that the claimant had sustained lacerated wound of 2x5 cms. on the forehead, lacerated wound of 1x0.5 cm on the hip and he had lost one tooth. It is also recorded that X'ray revealed fracture on the knee. He was inpatient in the hospital for a period of three days and he had expended Rs. 1,756/- for medicine. On account of the injury sustained to a 31 year old man, certainly he would have been deprived from doing his work for a period of 4-6 weeks. I award an amount of Rs. 2,000/- towards actual loss of earning. He had sustained a fracture on the knee with other lacerated wounds and loss of tooth, the pain and suffering compensation is to be enhanced M.A.C.A. No. 1957/2007 -2- by Rs. 2,000/-. The man at the age of 31 has lost a tooth and therefore I enhance that compensation by Rs. 1,000/-. Similarly the fracture of the knee as well as the loss of tooth certainly would have caused temporary disablement and loss of amenities and enjoyment in life. I award an amount of Rs. 1,000/- under that head. Therefore I enhance the compensation by Rs. 6,000/-. In the result, the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 6,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm