IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 858 of 2005() ---------------------- OPMV.970/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- N.P. IBRAHIM, AGED 44 YEARS, S/O. ABDULLA (LATE), NADUVIL PEEDIKAKKAL P.O, KOOTILANGADI, MALAPPURAM. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, UP HILL, MALAPPURAM. ADV. SRI.A.R.GEORGE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.858 of 2005 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Abdul Rehim, J. The appellant sustained injuries in a road traffic accident when a jeep hit on him while he was walking through the side of a road. He sustained fracture on the left radius along with injuries on his right eye, right side of face etc. The appellant claims that he was working in Gulf countries and the accident occurred while he was on leave. The appellant had produced evidence to the effect that shortly after the accident he went to his place of work in order to avoid his Visa getting expired. Immediately thereafter he took leave and came back for continuing treatment. The Tribunal while passing the award, has not taken into consideration all the above aspects and no amount is seen awarded for loss of earning. According to the appellant, the injuries had resulted in disfiguration on his face. Nothing was granted under the head of compensation for disfigurement and for loss of amenities and enjoyment in life. Considering the above aspects, we feel that an 2 enhancement of the total compensation by a further sum of Rs.10,000/- will meet the ends of justice. 2. In the result, the appeal is allowed in part by enhancing the total compensation by an additional sum of Rs.10,000/-. The original compensation as well as the enhanced amount will carry interest at 7.5% p.a. from the date of application till the date of payment. The third respondent-Insurance Company is directed to make payment of the amount within three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms