IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 272 of 2003() -------------------------------- OPMV.451/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: -------------------------------------- M.V.PRAKASAN, S/O. PACHUKUTTY, MELEVALAPPIL HOUSE, CIVIL STATION P.O., KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: RESPONDENTS 1 TO 3: ---------------------------------------------------------- 1. N.AHAMMED, S/O. MOOSAKUTTY, NELLIKKAT HOUSE, P.O. VADUVAMBRAM, POOKKATTU, MALAPPURAM DISTRICT. * 2. C.M.ABDULLA, S/O. MUHAMMED, AKKARA CHEDIKKUNDU VEEDU, NEAR CHEDIKKUNDU JAMAYATHU MOSQUE, BANDADUKKA AMSOM, KASARAGOD. *(DELETED) *R2 IS DELETED FROM THE PARTY ARRAY VIDE ORDER DT. 02/07/08 ON M.A.C.A. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKADU ROAD, MANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.JOE KALLIATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.A.C.A.NO. 272 OF 2003 = = = = = = = = = = = = = = = Dated this the 1st day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in OP(MV)451/94. The claimant sustained injuries in a road accident that took place on 26.12.93. The Tribunal awarded him a compensation of Rs.52,860 and it is against that decision the present appeal is preferred. The Tribunal has elaborately considered the matter narrating the agony which the claimant had undergone. It can be seen that he had sustained fracture of both bones of the left leg and was initially treated as an inpatient in the Medical College Hospital, Kozhikode for 36 days and again he was readmitted in the hospital for operation and treated as inpatient for four days. Thereafter on five other occasions he had been admitted in the Medical College Hospital for a total period of 19 days. It is seen that he was treated at District Co-operative Hospital, Kozhikode from 30.8.94 onwards. MACA 272 OF 2003 -2- There was a mal-union of the fracture and the very factum of hospitalisation for number of times that too on several occasions itself would reveal that he would not have been in a position to do any work for a period of one year. Taking his income at Rs.2,000/- per month I award a sum of Rs.12,000/- more towards actual loss of earnings. Similarly, it can be seen that the transportation charges allowed is only Rs.600/- whereas the claimant has visited the hospital on innumerable number of occasions. At least a minimum of Rs.1,000/- has to be enhanced under that head. It is true that the claimant has not produced any disability certificate. But the fact remains that he was treated as inpatient in different occasions for a total number of 59 days and he had been in continuous treatment for years together which by itself speaks about the temporary disability as well as the loss of amenities and enjoyment in life. A man aged 40 years had been visiting hospitals after hospitals in search of a permanent cure and certainly it would have caused him loss of amenities and enjoyment in life as well as temporary disability at least for MACA 272 OF 2003 -3- years and it has to be adequately compensated even in the absence of a permanent disability certificate. Since the award itself speaks about the agony he had undergone and the days he had been in the hospital I award him Rs.10,000/- more towards loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.23,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.23,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/- MACA 272 OF 2003 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.A.C.A. No. 272 OF 2003 = = = = = = = = = = = J U D G M E N T 2nd July, 2008.