IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 1700 of 2004() ----------------------- OPMV.989/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/PETITIONER: -------------------------------------- KARINGAM VEETTIL ABDULLA, S/O. AMMAD, AGED 65 YEARS, VADAYAM AMSOM DESOM, P.O. VADAYAM KUTTIADY VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 508. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS/ RESPONDENTS: ------------------------------------ 1. T.K. MOHAMMAD, S/O. MOIDEEN KUTTY, AGE NOT KNOWN THAZHE KANDAMMEL HOUSE KODUVALLY, KOZHIKODE, PIN-673 572. (R.C.OWNER OF THE JEEP NO.KL/C 5665). 2. MOHAMMED ALI ALIAS ALI S/O. EBRAHIM, 27 YEARS, MADATHIL HOUSE, KANNAMBATHU KARA, PONMERI POST, THIRUVALLOOR, VATAKARA, PIN-673 541, (DRIVER). 3. THE NEW INDIA ASSURANCE CO.LTD., VATAKARA (INSURER), P.O. VADAKARA KOZHIKODE DISTRICT, PIN-673 101, (POLICY NO.3176130151278). BY ADV. SRI.T.K.ABRAHAM FOR R2 SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1700 OF 2004 --------------------- Dated this the 18th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Vadakara, in OP(MV) 989/99. The claimant, aged 60 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.20,500/-. Aggrieved by that decision the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel appearing for the appellant as well as the Insurance Company. Learned counsel for the appellant has made available before me the reference card issued by the Medical College Hospital, Kozhikode. The diagnosis is blunt injury abdomen splenic rupture. It would further show that he had sustained fracture of the ribs besides paller. He was treated as inpatient in the hospital for 10 days and a surgery was conducted on 1.2.97. Even the blood was transfused. Even though the Tribunal has noted all these injuries, it has not given any compensation for bystanders expenses though he was in the hospital for 10 days. He was given Rs.1,000/- MACA No. 1700/04 2 as medical and hospital expenses. I feel it is insufficient and therefore enhance the compensation under that head by Rs.1,000/-. The Tribunal has not granted any compensation for loss of amenities and enjoyment in life. On account of the accident the claimant sustained a blunt injury abdomen splenic rupture and that there was fracture of the ribs besides paller. Certainly this would have caused him agonizing pain as well as loss of amenities and enjoyment in life. He would not have been in a position to have proper food even for a period of two or three months. So taking into consideration all these aspects, I am inclined to grant a sum of Rs.5,000/- towards loss of amenities and enjoyment in life. In the result, the MACA is partly allowed and the claimant is entitled to 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 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. 1700/04 3