IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 MACA.No. 419 of 2006(C) ----------------------------- ------------------------------- OPMV.1644/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/PETITIONER ---------------------------------- B.K.NAZAR, S/O.HAMZA, BHAGAVATHIKALATHIL, KETTUNGAL, VAZHIKKADAVU.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)RESPONDENT: ------------------------------------- THE UNITE INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, ARAFA BUILDING, COURT ROAD, MANJERI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 419 OF 2006 = = = = = = = = = = = = = = = Dated this the 3rd day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1644/01. The claimant, a 35 year old labourer sustained injuries in a road accident and he has been awarded a compensation of Rs.22,619/- by the Tribunal. It is against that decision, the claimant has come in appeal for enhancement. Though the respondents are served they had not entered appearance. 2. Heard the learned counsel for the appellant and perused the documents. A perusal of the award would show that the claimant had sustained a lacerated wound of 5 x 1 c.m. on the centre of forehead, tenderness on the chest and fracture on the left hypochondrim. His spleen was removed by an operation. The treatment record would reveal that he was admitted on 28.3.00 and discharged on 6.4.00. Initially laprotomy was done because peritoneum contained three liters of fresh blood. The spleen was ruptured and therefore M.A.C.A. NO. 419 OF 2006 -:2:- splenectomy was done for stoppage of bleeding. Splenectomy means the surgical excision of the spleen. The precise function of the spleen has baffled physiologists for more than 100 years, but the most recent research indicates it performs the various tasks as defense, hemopoiesis, blood storage and the destruction of red blood cells and platelets. So this organ has equal importance for protection of human body and that spleen was removed to save the life of the person to avoid further bleeding. Therefore, it is a case where the claimant would have suffered considerable loss of amenities, enjoyment in life besides at least temporary disability. How far it have contributed to the impact on the working capacity of a person should have been proved by the claimant which he did not do. When an important organ is removed certainly it would result in some sort of imbalance and disability besides loss of amenities and enjoyment in life. Therefore I feel this is a fit case where at least an amount of Rs.10,000/- can be awarded for temporary disability, loss of amenities and enjoyment in life. Pain and sufferings has to M.A.C.A. NO. 419 OF 2006 -:3:- be enhanced by Rs.1,000/- and so also the medical expenses. Thus the claimant will be entitled to an additional compensation of Rs.12,000/-. Unfortunately, the Tribunal did not consider this aspect at all. Therefore it requires modification. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 6% 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/-