IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 1663 of 2008() ----------------------------------- OPMV.2806/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) ---------------------------------------------------- JAMNAS T., S/O.V.BEERANKUTTY, AGED 27 YEARS, THAIKENDIYIL HOUSE, RAHIMAN BAZAR, P.O.KOLATHARA, CALICUT. BY ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------------------------------------------- 1. A.P. ABDUL NAZAR, S/O.KUNHIMUHAMMED, PULLITHODIPARAMBATH, P.O.NALLALAM, CALICUT. 2. NOUFAL P.P., S/O.ALIKOYA, AGED 27 YEARS, PULIKKAL HOUSE, PADINJARETHOTTATHILPARAMBA, MEENCHANDA, CALICUT. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, PRAMOD BUILDING, 2ND FLOOR, CHEROOTY ROAD, CALICUT. R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1663 OF 2008 = = = = = = = = = = = = = = = Dated this the 18h day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2806/02. The claimant, a 21 year old young man sustained injuries in a road accident as a result of which besides various contusions and abrasions he suffered a fracture on the nasal bone as well as on the maxilla. He was treated as outpatient in the Medical College Hospital for 10 days and he had undergone a surgery to correct the maxilla fracture. The Tribunal has awarded a total compensation of Rs.15,900/-. The Tribunal has taken the income of the person at Rs.1,300/- depending upon the entry in a medical record. The accident had taken place in 2002 and even for a casual labourer the wages are quite high and therefore I fix the income at Rs.1,800/- per month and for three months it will come to Rs.5,400/- and therefore the difference of loss of earnings would come to Rs.1,500/-. This person had M.A.C.A. 1663 OF 2008 -:2:- suffered serious injuries and had undergone treatment with a surgery. I enhance the compensation for pain and sufferings by Rs.4,000/-. Certainly for a young man aged 21 years a fracture on the nasal bone and maxilla would cause him serious loss of amenities and enjoyment in life. Even the learned Tribunal has noted that the right side of his nostril is little defective. I feel an amount of Rs.2,000/- can be further enhanced for loss of amenities and enjoyment in life thereby making a total additional compensation of Rs.7,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/- with 7% 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. The petition for withdrawal of the amount be considered sympathetically by the Tribunal. M.N. KRISHNAN, JUDGE. ul/-