IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 MACA.No. 3011 of 2009() ------------------------------------ OPMV.1608/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN O.P(MV) ------------------------------------------------------ ANI N.R., S/O.JNATTUVETTI RAVI, VELLANCHIRA DESOM AND P.O., ALOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, SRI.A.N. SANTHOSH. RESPONDENTS/RESPONDENTS IN OP(MV): ----------------------------------------------------------------- 1. VINCE VARGHESE, PALATTY HOUSE, KARUKUTTY P.O. 2. GEORGE KURIAN, S/O.KOSSERIL KURIAN K.GOERGE, MALAPPURAM P.O. 3. UNITED INDIA INDURANCE CO. LTD., BRANCH OFFICE, COCHIN. R3 BY ADV. SMT.P.A.REZIYA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN,J. ========================= M.A.C.A. No.3011 of 2009 ====================== Dated this the 28th day of May 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV) No. 1608/2005. The claimant who sustained injuries in the accident has been awarded Rs.25,600/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard learned counsel for the appellant as well as the Insurance Company. 3. A perusal of the award would reveal that the claimant had sustained a lacerated wound on the left forearm, a lacerated wound 3 x 5 cm. over the face. He was admitted in the Specialist Hospital, Ernakulam. He was diagnosed as a case of laceration with soft tissue loss over the left temporal region and below left eye besides laceration over the left iliac crest area and wrist. He had M.A.C.A. No.3011 of 2009 2 expended Rs.16,350/- towards medical expenses. It can be seen from the nature of injuries that they are not very grievous in nature but are of such nature that require total attention and long rest. Therefore, I am inclined to grant one more month's income as loss of earning, that is Rs.2,000/- more. Nature of injury would reveal that he had a lacerated wound in the face and there was tissue loss over the left temporal region. Therefore, it is clear that he would have suffered severe pain for which I enhance the compensation by Rs.3,000/-. Thus the claimant is entitled to an additional compensation of Rs.5,000/-. In the result, M.A.C.A is partly allowed and claimant is awarded an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation and Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN,JUDGE. mns