IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 M.A.C.A.No. 1050 of 2005(B) ----------------------- OP(MV)NO.1029/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: --------------------- MOHAMMED SHAREEF, AGED 23 YEARS, S/O. SAIDALAVI, PARAPARAMBIL HOUSE, THRIPANGODE P.O., TIRUR, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS/ RESPONDENTS: ------------------------- 1. E.MUSTHAFA, S/O. CHEKU, ELEYADATHU HOUSE, V.P.PURAM P.O., B.P. ANGADI, VIA. TIRUR , MALAPPURAM DISTRICT.(DRIVER) 2. E.CHEKKU, S/O. E.SAIDUTTY, ELEYADATHU HOUSE, V.P. PURAM P.O., B.P. ANGADI, VIA. TIRUR. (OWNER). 3. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, MANJERI. BY ADV. SRI.T.J.LAKSHMANAN IYER - R3 SRI.T.GOPALAKRISHNAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1050 OF 2005 ===================== Dated this the 17th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.1029 of 2000. The claimant a student, aged 18 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.10,659/-. Since there was violation of policy condition, the 2nd respondent was directed to make payment. For enhancement of the compensation, the present appeal is filed. 2. Heard counsel for the appellant as well as the counsel for the insurance company. Learned counsel had made available the discharge summary card issued by Al Shifa Hospital, Perintalmanna which would indicate that on account of the accident, the claimant had sustained fracture on the zygomatic bone and he was treated in the hospital as an inpatient for 5 days. Zygomatic bone is one of the pair of bones that forms the prominence of the cheek, the lower part of the orbit of the eye, and parts of the temporal and infratemporal fossae. It is an important bone and when it gets fractured there will be difficulty for consumption of food and it may MACA 1050/2005 -:2:- cause difficulty by way of headache, etc. and it will cause temporary loss of amenities and enjoyment in lie. Therefore I enhance the compensation by Rs.3,000/- under that head. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,000/- with 6% interest on the said sum from the date of petition till realisation. The insurance company shall deposit the amount within 60 days from the date of receipt of a copy of this judgment and as ordered by the Tribunal, it will be entitled to get reimbursement of this amount also from the 2nd respondent, viz., the registered owner of the vehicle. M.N.KRISHNAN, JUDGE Cdp/-