IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 1972 of 2010() ----------------------- OP (MV) 1031/07 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................................. APPELLANT / PETITIONER: --------------------------------------- M.VIJAYAKUMAR, S/O. LATE BALAKRISHNAN NAIR, AGED 52 YEARS, RESIDING AT BALAKRISHNAN BHAVAN, KALARIKANDY PARAMBA, SUBSTATION ROAD, P.O.CHEVAYOOR, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT. LEKSHMI SWAMINATHAN RESPONDENTS / RESPONDENTS: ----------------------------------------------- 1. N.P.HARRIS, AGE & FATHERS NAME NOT KNOWN , RESIDING AT VELLIMADUPARAMBA, P.O.MERIKKUNNU, KOZHIKODE – 673 020. 2. RIMNASH P.M., AGED NOT KNOWN RESIDING AT ILLYAS MANZIL, P.O.MERIKKUNNU, KOZHIKODE-673 020. 3. THE ORIENTAL INSURANCE CO LTD., DIVISIONAL OFFICE, SEEMA BUILDING, G.H.ROAD, KOZHIKODE-673 032. R3 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1972 OF 2010 = = = = = = = = = = = = = = = Dated this the 6th day of January, 2011. 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)1031/07. The claimant, a 52 year old man employed in a Bank, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.16,750/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award makes it very clear that he had sustained a fracture on the zygomatic arch, a fracture on the nasal spectrum and also fracture on the lateral wall of both orbit. He had been under the treatment of a Dental M.A.C.A. 1972 OF 2010 -:2:- College. So nature of injuries would establish that the claimant had sustained facial injuries and these injuries are capable of creating lot of difficulties for the person at least temporarily for a considerable length of time. When there is a fracture on the zygomatic arch even the intake of sold food becomes very difficult and the fracture on the nasal bone can cause problems even in proper breathing and the fracture of the wall of the orbit can cause some difficulties. So taking into consideration all these aspects I feel this is a case where some more amount has to be given towards nutritious food as well as for loss of amenities and enjoyment in life. I fix that amount at Rs.7,000/- and award the same. In the result the MACA is partly allowed and the claimant is awarded an additional M.A.C.A. 1972 OF 2010 -:3:- compensation of Rs.7,000/- 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. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.