IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 MACA.No. 553 of 2009() ---------------------- OPMV.2027/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ P.K.SREEKUMAR, AGED 37 YEARS, S/O.KANDANKUTTY, PANDARAKANDY HOUSE, P.O.PANTHEERANKAVU, KOZHIKODE - 19. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------- 1. VISWANATHAN, DWARAKA, FEROKE COLLEGE P.O., KOZHIKODE. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. ADV. SMT.R.REMA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma M.N. KRISHNAN, J -------------------------. MACA No.553 OF 2009 -------------------------------- Dated this the 2nd day of February, 2010. J U D G M E N T This is an appeal preferred against award of the Claims Tribunal, Kozhikode in O.P.(MV).No.2027/2003. The claimant while he was walking long the side of the road was hit by a jeep and Tribunal awarded him a compensation of Rs.16,500/- It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the Insurance company. 3. The learned counsel for the insurance company submitted before me that the compensation awarded is adequate and it does not call for interference at all. The learned counsel for the appellant would submit that the Tribunal has not understood or considerd the real implication of the injuries sustained and it requires considerable enhancement. MACA No.553/2009 2 4. I have perused the documents available. As per the wound certificate, it can be seen that the claimant sustained lacerated wound of 20 x 10 x 5 cm left leg exposing fibula, soft tissue loss on lateral aspect of left leg and another lacerated wound of 6 x 4 x 1 cm. He was admitted in the Medical College Hospital, Kozhikode on 27.2.2003. The reference card would reveal that he was treated as an inpatient there from 27.2.20003 to 10.4.2003. It will further reveal that even grafting has to be done and his leg was also in plaster cast even in the month of May, 2003. So from the very nature of the injuries sustained and the treatment undergone, it can be seen that the poor claimant had sustained very severe injuries, though not the fracture. Exposure of the fibula and the muscles would show that how penetrating the injuries had been. The length of the injury is also really agonising for the reason that it is almost eight inches length and the depth of the injuries also would show that it is two inches with a width of four inches. So really there has been suffering for the claimant. I find that the following enhancement has to be given being an able bodied healthy workmen, and considering the accident taken place in 2003, I fix his income as MACA No.553/2009 3 Rs.2,500/- and four months loss of earning would come to Rs.10,000/- ie., additional compensation of Rs.5,500/-. He was impatient in hospital for 42 days and at the rate of Rs.100/- per day bystander expense is Rs.4,200/-. The nature of injuries speaks itself the agony and pain which he had undergone and as a reasonable compensation for which, I award Rs.5000/- more towards pain and suffering. Certainly on account of the injuries there would have been long standing temporary disability and loss of amenities for which I award Rs.5,000/-, making a total additional compensation of Rs.19,700/-. 5. In the result, MACA is partly allowed. The claimant is awarded additional compensation of Rs.19,700/- with 7% interest from the date of petition till realisation and the respondent, insurance company shall deposit the amount within a period of 60 days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. sou.