IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 1448 of 2006() ---------------------------------- OPMV.1451/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA ............................................................................................................................................. APPELLANT: APPELLANTS/PETITIONERS ---------------------------------------------------------------- SUHARA, D/O.KOYAMUHAMMED, AGED 25 YEARS, RESIDING AT PUTHENPURACKAL HOUSE, EASTATE POOPPARA BHAGAM, POOPPARA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.P.V.ELIAS SRI.N.N.ELAYATH RESPONDENT(S): ------------------------ 1. BINU, S/O.BHASKARAN, AGED 20 YEARS, RESIDING AT PUTHENPURACKAL HOUSE, THALAKULAM BHAGAM, POOPARA VILLAGE, IDUKKI DISTRICT. 2. BIBY P.P., PULPARAMBIL HOUSE, AYYAPPANKOVIL POST. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MUVATTUPUZHA. 4. P.IBRAHIM, ULLAAPPILLYPUTHENPURA HOUSE, PERUMPALLOOR POST, MUVATTUPUZHA. 5. M.VIJAYAN, S/O.CHETTIYAR, VALAYAM VEETTIL, POOPPARA KARA, POOPARA VILLAGE. 6. MR.VENKATACHALAM, S/O.MURUGHAN, NO.17, KARUVEPPAMPATTY, MORUR POST, T.GODE T.K., NAMACKAL DISTRICT. 7. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, SANKARI, 17/5-4, SALEM MAIN ROAD, SANKARI-637301. ADV. SRI.LATHEESH SEBASTIAN FOR R1&R5 SRI.P.M.M.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J --------------------------------------- M.A.C.A. NO. 1448 OF 2006 -------------------------------------- AND M.A.C.A. NO. 1449 OF 2006 --------------------------------------- Dated this the 18th day of September, 2009. J U D G M E N T These appeals are preferred against the award of the Motor Accident Claims Tribunal Muvattupuzha in O.P.(M.V) No.1451 of 2002 and 1450/2002. In O.P.(MV) 1451 of 2002 the claimant has been awarded a compensation of Rs.21,000/- and in the other case an amount of Rs.38,300/- has been awarded. It is challenging the quantum the claimants have come up in appeal. 2.Heard the counsel for both sides. Let me first consider O.P.(MV) No.1450 of 2002. In that case the claimant had sustained injury as intracerebral haematoma and was treated as an in-patient in the hospital from 10.10.2001 to 29.10.2001. The Tribunal considered the injuries and awarded an amount of Rs.38,300/- as compensation. The perusal of the award reveal that the Tribunal has awarded reasonable amounts except under one or two heads. On account of the cerebral injury sustained by the claimant, she was treated in the hospital as in-patient for a period of 19 days and certainly being an injury which has affected her head she would M.A.C.A. NO. 1448 OF 2006 2 not attended the work for a period of 3 months. Therefore, towards loss of earning, I award Rs.4,500/- and deducting the amount already awarded the claimant will be entitled to an additional compensation of Rs.3000/-. Similarly towards compensation for pain and suffering an amount of Rs.2000/- is enhanced thereby entitling the claimant in O.P. (M.V) 4052/2002 for an additional compensation of Rs.5000/-. 2. So far as O.P.(MV). 1451 of 2002 is concerned the claimant had sustained a lacerated injury over the lip and very long injury of a lacerated nature of 8 cms length and scalp depth besides, he had sustained an abrasion over left forearm. The Tribunal awarded a compensation of Rs.21,000/- in this case. It only awarded a very nominal compensation of Rs.700/- towards loss of earnings. It can be seen that the claimant was in the hospital for a period of 10 days as an in-patient. It would have prevented him from doing work at least for 2 months. Therefore, towards loss of earning award an additional compensation of Rs.2,300/- is awarded. Similarly, towards compensation for pain and suffering, I enhance it by 2,000/- thereby entitling the claimant an additional compensation of Rs.4,300/-. In the result, M.A.C.As are partly allowed as follows: In M.A.C.A. No.1448/2006 the claimant is awarded an additional M.A.C.A. NO. 1448 OF 2006 3 compensation of Rs.4,300/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the said amount within a period of 60 days from the date of the receipt of the copy of this judgment. In M.A.C.A.No.1449 of 2006 the claimant is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the amount within a period of 60 days from the date of the receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. pm M.A.C.A. NO. 1448 OF 2006 4 M.A.C.A. NO. 1448 OF 2006 5