IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1502 of 2004() ---------------------------------- OPMV.1758/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/PETITIONER ------------------------------------- MUHAMMED ISMAIL S/O. MASOOD RAWTHER, CHERUVILA PUTHEN VEEDU, OLIPPURAM COLONY, MANCODU, PATHIRICKAL MURI, PATHANAPURAM VILLAGE. BY ADV. SRI.LIJU.V.STEPHEN SRI.LATHEESH SEBASTIAN RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. MALIEN ALI S/O. ABDULLA ALI, PALLIPPATTU HOUSE, PAYIPARA, PICHAKKAPPALLY, MOOVATTUPUZHA. 2. BABU S/O. SADIDHARAN, BABU VILASOM VEEDU EDAMON 34, ELAMON VILLAGE, PATHANAPURAM TALUK. 3. THE ORIENTAL INSURANCE CO.LTD., SHEM COMPLEX IST FLOOR, BAZZAR ROAD, MATTANCHERRY, COCHIN. BY ADV. SRI.VPK.PANICKER - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1502 OF 2004 ===================== Dated this the 4th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)No.1758 of 1999, whereby the Tribunal awarded a compensation of Rs.10,000/- to the claimant. It is seen from the award that the claimant had sustained no bony injury and there was a non-penetrating injury on the left side of the abdomen on clinical examination. The treatment certificate issued by the Medical College Hospital would show that there were multiple injuries with a linear cut ileum. He was treated in the hospital as an inpatient from 20.3.1999 to 29.3.1999. A disability certificate of 12% is seen issued. The Doctor only certifies that there is pain and then grants a percentage of 5%. Whether they are curable pain or whether it is of a temporary nature or permanent nature is not very clear and further it is seen that the total disability is 75% at the review time. The Doctor is not examined and rightly the Tribunal has not accepted that certificate. But the matter requires consideration headwise to find out the compensation. It is said that the claimant was a businessman by MACA 1502/2004 -:2:- profession at the rate of Rs.1,500/-. I grant Rs.3,000/- towards loss of earning. He was in the hospital for 10 days and I award Rs.750/- for by stander's expenses and on account of the abdominal injury he would have been forced to take nutritious liquid diet for which I grant Rs.500/- and he would have certainly spent money for medicine, for which I grant Rs.1,000/-. Considering the distance between Pathanapuram and Thiruvananthapuram and back I grant Rs.1,000/- towards transport expenses. Since there is a linear cut on the ileum in the left side of the abdomen, certainly it would have caused pain and therefore I grant Rs.6,000/- towards pain and suffering. Certainly these injuries would have deprived him of taking proper diet for a considerable length of time and I award him Rs.4,000/-. Therefore the claimant will be entitled to a compensation of Rs.16,250/-. After deducting Rs.10,000/- already awarded, he will be entitled to Rs.6,250/- more. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,250/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a MACA 1502/2004 -:3:- copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-