IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 MACA.No. 443 of 2005(B) ---------------------- OPMV.654/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): -PETITIONER: ----------------------------------- T.N.RAVEENDRAN, AGED 38 YEARS, THAZHATHATHIL HOUSE, CUMBUMMETTU P.O., VANDANMEDU. BY ADV. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM RESPONDENT(S): RESPONDENTS: ------------------------------------------- 1. ABY ELDHO PAUL, MELETHU (H), THANKULAM, KOTHAMANGALAM. 2. ORIENTAL INSURANCE CO. LTD.,THODUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 443 OF 2005 = = = = = = = = = = = = = = = Dated this the 17th 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, Thodupuzha in O.P.(MV)654/01. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.32,010/- with 6% interest. It is against that decision the claimant has come in appeal. 2. Heard. It can be seen from the award that a medical certificate has been produced as Ext.A8. It is a treatment certificate issued by the Medical College Hospital, Kottayam which would show that the claimant met with an accident on 5.4.2001 and he was under plaster cast till 14.5.01. Even at the time of discharge he was advised to have gradual mobilization. It can be seen from the said certificate that he had sustained compound fracture on the humerus. He had mild head injury with fracture on the zygoma and lacerated wounds on the forehead, eye-lid, M.A.C.A. 443 OF 2005 -:2:- lower lip besides contusion on the back. There was also open reduction and internal fixation for the humerus fracture and also the reduction and fixation of zygoma fracture. He was treated in the Neurosurgery Department, E.N.T. Department, Opthalmology Department and Dental Department and had been an inpatient for a period of 21 days. It is true that no document is produced to prove permanent disability in this case. But the fact remains that the claimant had sustained very serious injuries and had undergone inpatient treatment for 21 days. The injuries had affected his face as well as his hand. There was also a mild head injury. His hand was under plaster cast for a long number of days. All these would indicate that he had suffered excruciating pain and there would have been at least temporary disability and loss of amenities and enjoyment in life for him. The Tribunal has only awarded an amount of Rs.15,000/- under both the heads together which I feel is inadequate and therefore I propose to enhance the compensation under those heads by Rs.10,000/-. On all other heads I find that the Tribunal has M.A.C.A. 443 OF 2005 -:3:- been very reasonable and has granted compensation which does not call for any interference. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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/-