IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 1104 of 2005(D) ----------------------------------- OPMV.117/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .............................................. APPELLANT(S): PETITIONER ----------------------------------------- SIBY, S/O.AUGUSTY, PANIKANKUDY HOUSE, ERAMBIL, ERNAKULAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.SREEKANTH.K.R RESPONDENT(S):RESPONDENTS ---------------------------------------------- 1. SADANANDAN.A.K., ALAPPATTUKUNNEL HOUSE, KALATHUMKADAM, TALAPALAM. 2. BOBY JOSEPH, S/O.JOSEPH, THOTTUNKAL HOUSE, NERIAMANGALAM, KOTHAMANGALAM. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE USHUS BUILDINGS, MAIN ROAD, P.B.NO. 26, PUNALUR-691 305. ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1104 OF 2005 = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)117/01. The Tribunal after considering the entire materials awarded a compensation of Rs.4,500/- and it is against that decision the claimant has come up in appeal for enhancement. The Tribunal has considered the case of the claimant in paragraph 17 of the award. Exts.A32 and 33 are the wound certificate and medical certificate. The claimant sustained an incised wound on the forehead and he was treated as an inpatient in Lakshmi Clinic, Adimali from 2.11.00 to 8.11.00. He had incurred a medical expense of Rs.1,545/-. Certainly on account of the incised wound and the hospitalisation for a period of six days he would have been prevented from doing any work for one month. So I grant him a loss of earnings of Rs.1,500/-. The Tribunal has awarded Rs.500/-. So he is entitled to get Rs.1,000/- more under that head. The factum M.A.C.A. 1104 OF 2005 -:2:- of sustainment of injury on the forehead in the form of an incised wound and the other attending circumstances make me feel that some more compensation has to be given towards pain and sufferings and loss of amenities. I enhance it by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.2,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,000/- with 7.5% 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/-