IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 131 of 2005() --------------------------------- OPMV.758/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANTS/ADDITIONAL PETITIONERS IN OP(MV): ----------------------- 1. MEENAKSHI AMMA, PARAYATH VEEDU, KOTTAMPALLY MURI, MADATHIL KARA, OACHIRA, KOLLAM. 2. SUDHA, W/O. LATE GOPI, PARAYATH VEEDU, KOTTAMPALLY MURI, MADATHIL KARA, OACHIRA, KOLLAM. 3. GOPIKA (MINOR), D/O. LATE GOPI, PARAYATH VEEDU, KOTTAMPALLY MURI, MADATHIL KARA, OACHIRA, KOLLAM, REP. BY HER MOTHER SUDHA. 4. GOPAKUMAR, (MINOR) S/O. LATE GOPI, PARAYATH VEEDU, KOTAMPALLY MURI, MADATHIL KARA, OACHIRA, KOLLAM, REPRESENTED BY HIS MOTHER SUDHA. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------- 1. LATHA PARAMESWARAN, PROPRIETOR, KOTTARAM AGENCIES, 2857 H, PROVIDENCE ROAD, KOCHI. 2. V.X.THOMAS, VALIYAPARAMBIL HOUSE, VALLARPADOM, ERNAKULAM. 3. THE BRANCH MANAGER, UNITED INSURANCE COMPANY LIMITED, KOLLAM. BY ADV. SMT.P.A.REZIYA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- M.A.C.A.No.131 OF 2005 --------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV)No.758/1997. The claimant, a fish vendor by profession, aged 31 years sustained injuries in a road accident. He had sustained branchial monoplegia, facial palsy and also fracture of the frontal bone. He was admitted in the District Hospital, Kollam and was referred to the Medical College Hospital where he had undergone inpatient treatment for 16 days. The C.T. scan revealed fracture of the parietal bone. The young man died on 14.05.1998, that is almost 1½ years after the accident. Unfortunately, there is nothing to connect the death with the injury sustained in the accident. The Tribunal awarded a total compensation of Rs.28,000/- and it is against that decision, the present appeal is preferred. 2. Heard the learned counsel for both sides. The fact remains that the claimant had a serious head injury including M.A.C.A.131/05 2 facial palsy and there was fracture of the right clavicle. It is certain that it would have taken him a very long time to resume his work as a fish vendor, which requires lot of physical strength. I consider it as a fit case where loss of earning can be granted for 8 months and I fix it as Rs.12,000/-. After deducting the amount already given, he will be entitled to an additional compensation of Rs.7,500/-. 3. Certainly, on account of the grievous head injury and the fracture of the clavicle, it is certain that he would have suffered loss of amenities and enjoyment in life, which is well established by the claimant from the fact that he is suffering from facial palsy. I find it is a fit case and atleast an amount of Rs.7,000/- can be granted on that head. Therefore, the claimants are entitled to additional compensation of Rs.14,500/-. In the result, the M.A.C.A is partly allowed and the claimants are awarded additional compensation of Rs.14,500/- with 7% interest on the said sum from the date of the petition till realisation and the respondent-Insurance Company is directed to deposit the said amount within a period of 60 days from the date M.A.C.A.131/05 3 of receipt of a copy of this judgment. Considering the financial background, the Tribunal may consider if a prayer comes for withdrawal of the entire amount sympathetically. M.N. KRISHNAN, JUDGE. smp