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. 400 of 2006() ---------------------- OPMV.1559/1996 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/CLAIMANT. --------------------------------- SUBRAMANIAN.C. S/O.CHINNAPPU, KOZHAKKAYIL HOUSE, G.A.COLLEGE POST, PALAZHI, KOZHIKODE. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS. --------------------------- 1. M.SIVADASAN, S/O.VASUDEVAN, PULEKKODAN, KUTTIPPARAMBU HOUSE, FEROKE POST, KOZHIKODE. 2. M/S.NATIONAL INSURANCE COMPANY LTD., DIVISIONALOFFICE, MANUAL SONS BUILDING, G.H.ROAD, KOZHIKODE. ADV. SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW, SC FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 400 OF 2006 --------------------- Dated this the 17th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1559/96. The claimant, aged 24 years, sustained injuries in a road accident. He had lacerated wound on the forehead besides fracture of the shaft and the right femur. The Tribunal awarded him a total compensation of Rs.30,900/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the Insurance Company. A perusal of the award itself would reveal that the claimant was initially admitted in the hospital on 4.4.96 and discharged on 7.5.96. He was again treated as outpatient for sometime in 1997. He was again admitted on 16.10.00 and discharged on 24.10.00 and his implantation was removed. The medical bills produced are for Rs.1,299/-. The Tribunal has fixed the income at Rs.1,500/- and awarded Rs.6,000/- towards loss of income, Rs.15,000/- towards pain and suffering, Rs.3,000/- towards extra nourishment and Rs. 4,100/- for bystanders expenses. MACA No. 400/06 2 3. A perusal of the award itself would reveal that there was some incapacity for the young man to do the work for a considerable length of time. Therefore, I feel this is a fit case where atleast the loss of earning can be taken for a period of six months. The Tribunal has only granted four months loss of earning. Therefore, I enhance it by Rs.3,000/-. It is true that no disability certificate was produced in this case. But the fact remains that the claimant had undergone treatment almost for four years, which shows that he had temporary disability as well as loss of amenities and enjoyment in life. Taking into consideration that aspect, I award a sum of Rs.7,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.10,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 400/06 3