IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 1220 of 2008() ---------------------------------- OPMV.3325/2001 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P.(MV) ------------------------------------------------------------ M.RAFEEQUE, S/O.MUHAMMED, AGED 27 YEARS, KILIYAMANNIL HOUSE, KODOOR P.O, UMMATHOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/ RESPONDENTS IN THE OP(MV) --------------------------------------------------------------------- 1. THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 2. ARAM PURATH BHASKARAN, S/O.KELUKKUTTY, AGED 43 YEARS,KUNNUMMEK VEEDU, CHERUPARAMBA, THIRUVAMBADY, KOZHIKODE. 3. T.P.MUHAMMED KUTTY, S/O.AVARANKUTTY, TELEKKARAPADIYILE HOUSE, ANDIYOOR KUNNU, PALIKKAL. 4. MOHAMMED, S/O.ENUDHEEN HAJI, PAZHERI HOUSE, KUZHIMANNA, ALIN CHUVADE, MALAPPURAM DIST. 5. ORIENTAL INSURANCE CO.LTD,JASEELA COMPLEX, MANJERI. 6. NATIONAL INSURANCE CO.LTD, VAZHUTHAKKAD, THIRUVANANTHAPURAM. ADV. SRI.M.A.GEORGE FOR R6 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1220 OF 2008 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.3325 of 2001. The claimant sustained injuries in a road accident and the negligence was found against the K.S.R.T.C. and the 6th respondent insurance company was directed to pay a compensation of Rs.3,743/-. 2. Heard the learned counsel on both sides. Perused the records. It is seen that the claimant was admitted in the Medical College Hospital, Kozhikode on 13.6.2001 and discharged on 16.6.2001 and he had sustained fracture on the 2nd and 3rd meta carpel left hand with soft tissue injuries. He had also sustained head injury which fortunately did not reveal any complication. He had also lacerated wound on the eyebrow. He had gone for consultation on 3 or 4 occasions. The Tribunal has only awarded a minimum compensation which requires enhancement. It is submitted that he is a coolie by profession. Therefore I allow Rs.1,000/- towards loss of earning. Certainly on account of the fracture of the meta carpel, injuries on MACA 1220/2008 -:2:- the eyebrow and other tissue injuries he would have suffered severe pain and I grant him Rs.3,000/- more for pain and suffering. The fracture of the meta carpel would have caused at least some loss of amenities and enjoyment in life for which I grant him Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation and the 6th respondent insurance company in the claim petition is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-