IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 672 of 2006(B) ----------------------------------- OP(MV).NO.2730/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ PETITIONER: -------------------------------------- R.SANTHOSH KUMAR, AGED 38 YEARS, RAMAKRISHNA PRABHU, PANAKKAL HOUSE, PARAYAKADU PO, THURAVOOR- 688 585. BY ADV. SRI.R.SUDHISH, ADV. SMT.M.MANJU. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. T.V.UNNI, S/.O.VASAVAN, THUNDUMELPARAMBU, CMC XII, MARUTHORVATTOM P.O. CHERTHALA. 2. ROY ABRAHAM, ELANJIKCAL HOUSE, NEDUMPRAKKAD P.O. KOKOTHAMANGALAM VILLAGE, CHERTHALA TALUK. 3. UNITED INDIA INSURANCE CO.LTD., BY ITS MANAGER, M.T.P.C. OFFICE, VETTUKATTIL BUILDINGS, M.G.ROAD, COCHIN -16. 4. THE MANAGING PARTNER, MORAKKAL ENTERPRISES, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, KOCHI -31. 5. KRISHNAKUMAR, KALLAYIL HOUSE, SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK. 6. THE ORIENTAL INSURANCE COMPANY LIMITED, PALLIMUKKU, COCHIN -16. R3 BY ADV. SMT.P.A.REZIYA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 672 OF 2006 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)2730/98. The claimant, a 30 year old man sustained injuries in a road accident and the Tribunal awarded a total compensation of Rs.22,750/-. It is against that decision the claimant has come in appeal for enhancement. It can be seen from the evidence produced hear that the claimant had a depressed fracture on the left zygoma and also had contusions on the left side of the face. He was employed in a private firm called Sukatheendra Oriental Research Institute with a monthly salary of Rs.2,250/-. The document produced as Ext.A7 would show that he was absent from duty for three months. Taking into consideration the materials supplied I think the claimant is entitled to some enhancement as follows. For three months earning he will get Rs.6,750/- out of which Rs.2,500/- is granted and therefore he is entitled to M.A.C.A. NO. 672 OF 2006 -:2:- an additional compensation of Rs.4,250/- under that head. Since it is a fracture on the zygoma coupled with other facial injuries, certainly the claimant would have suffered excruciating pain and therefore I enhance the pain and suffering compensation by Rs.2,000/-. Similarly, the said fracture would have made him even not to take any solid food for a long time and it would have caused him loss of amenities and enjoyment in life which also is enhanced by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,250/- with 7.5% 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/- M.A.C.A. NO. 672 OF 2006 -:3:-