IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1478 of 2004(C) ----------------------- OPMV.516/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------------------------- VIJAYAKUMAR, S/O.GOPALAPANICKER, JYOTHI BHAVAN, NEAR GUEST HOUSE, MOOLAVATTOM, NATTAKAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. ASHRAF, PALATHINKAL, KANGIRAM, KILIROOR MURI, THIRUVARPPU VILLAGE. 2. THE NATIONAL INSURANCE CO.LTD., KOTTAYAM. 3. K.A.SHERIFF, KARUKASSERIL HOUSE, KANGIRAM P.O. KOTTAYAM. ADVS. SRI.JIJI THOMAS FOR R1 AND 3 SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1478 OF 2004 --------------------- Dated this the 30th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 516/99. The claimant was travelling in an autorickshaw and a bus collided with the autorickshaw which resulted injuries to him. The Insurance Company in its written statement has admitted the existence of the policy but denied the negligence as well as the quantum of compensation. Para.5 of the award would reveal that the claimant had sustained a lacerated wound having a dimension of 7x3 cms over left foot. He was treated as inpatient in the hospital for 11 days. Even though the claimant produced the disability certificate for 6%, the Tribunal did not entertain the same. 2. I feel the said approach of the Tribunal is absolutely correct for the reason that the injury sustained is only a lacerated wound on the left foot. But at the same time it has to be stated that the said injury was not a very simple injury. But taking note of these situations the Tribunal awarded Rs.5,000/- for pain and suffering, MACA No. 1478/04 2 Rs.3,000/- for loss of earning for two months and Rs.2,000/- for treatment expenses thereby totalling the compensation to Rs.10,000/-. When a wound with a dimension of 7x3 cms is sustained certainly, there will be loss of amenities and enjoyment in life for the claimant. Therefore, I feel this is a fit case where an amount of Rs.2,000/- has to be awarded under that head. In all other aspects the Tribunal has awarded a proper compensation, which does not call for any interference. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,000/- with 7 % interest on the said sum from the date of petition till realisation. 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. 1478/04 3