IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 48 of 2006() ------------------------------ OPMV.226/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. -------------------------------------- RAJESH.M.C. S/O.CHANDRASEKHARAN NAIR, CHANDRA NIVAS, KUDAMALOOR P.O. AYMANAM VILLAGE, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS. ---------------------------------------------- 1. SADSIVAN, S/O.NARAYANAN, KADAMANKUNNEL, PAMPADY P.O. 2. JOSEPH CHACKO, S/O.K.E.CHACKO, THOTTICHIRAYIL, KUMARAKOM P.O. KOTTAYAM. 3. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM DIVISION. BY ADV. SRI.JOY GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 48 OF 2006 = = = = = = = = = = = = = = = Dated this the 24th 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, Kottayam in O.P.(MV)226/02. The claimant, a canteen caterer, aged 26 years sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.14,718/-. It is against that decision, the present appeal is preferred. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had sustained a fracture on the nasal bone and it is certified that he was suffering from epistaxis and vertigo. Epistaxis means bleeding from the nose. Though he produced Ext.A9 to prove his income as Rs.5,800/- it was not accepted by the Tribunal and had only taken Rs.1,500/- which appears to be inadequate considering the nature of the avocation. Therefore I fix the income at Rs.2,500/- and award an enhanced compensation of Rs.2,000/- under the head of loss M.A.C.A. 48 OF 2006 -:2:- of earning. Similarly, for a person who had frequent bleeding through the nose on account of the injury sustained in the accident and had epistaxis, Rs.4,000/- is seen granted for pain and sufferings which I enhance by Rs.2,000/- more. Similarly, for an young man aged 26 years recurring bleeding and vertigo would cause considerable loss of amenities and enjoyment in life for that also I enhance the compensation by Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- 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/-