IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 MACA.No. 1289 of 2010(E) ------------------------------------ [O.P(MV).NO.511/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA] .................... APPELLANT/PETITIONER IN O.P.(MV): ------------------------------------------------------- SATHEESHKUMAR, S/O.KRURUPPASSERY RAGHAVAN, ANAPUZHA DESOM AND P.O., METHALA VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS: ------------------------ 1. K.T.JOSE,KUZHUPPIL HOUSE, PEECHI P.O.,THRISSUR. 2. BINISH, S/O.THAIKKATTIL OUSEPH, MUNDOOR P.O.,ANJOOR, THALAPILLY. 3. ORIENTAL INSURANCE CO.LTD,. M.G.ROAD, THRISSUR. R3 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ---------------------------- M.A.C.A.NO.1289 OF 2010 ----------------------------------- Dated this the 16th day of November, 2010 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV) No.511 of 2006. Respondents 1 and 3 served Notice to R2 dispensed with as the accident and policy is seen admitted. It is the case of the claimant that he had sustained injuries in a road accident and that the tribunal awarded a compensation of Rs.12,200/-. It is against that decision the claimant has come up in appeal for enhancement. Heard. A perusal of the award would reveal that the claimant had sustained injury which resulted in bleeding from the ear and it was a case of suspected skull fracture. The CT investigation revealed bilateral maxillary anterior ethmoid sinusitis. He had availed loss of pay for 11 days. It is also seen that he had sustained an injury on the forehead and there was bleeding from the nose as well besides abrasions on other parts of the body. The nature of injury suspected was head injury and had undergone inpatient in the hospital for 3 days. Taking into consideration, these facts and the fact that there would have been somebody during the period of hospitalization and he would have taken some nutritious food and the accident should have resulted in damages to clothing as well and the fact that he had physically as well as mentally suffered, I am inclined to enhance the compensation by Rs.5,000/-. In the result, MACA is partly allowed and the claimant is awarded a sum of Rs.5,000/- as additional compensation with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of copy of this judgment. M.N.KRISHNAN,JUDGE pm