IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 1697 of 2007(D) ----------------------- OPMV.2559/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER ---------------------------------- K.PRABHAKARA KURUP, S/O UNNIKRISHNAN NAIR, AGED 61 YEARS, NAROPILAKAL HOUSE, WEST MAMBATA, NEAR PUMP HOUSE, MUKKAM POST, KOZHIKODE. (DIED) ADDL. APPEALLANTS IMPLEADED: 2: KARTHYAYANI, M/O K.PRABHAKARA KURUP, AGED 82 YEARS, NAROPILAKAL HOUSE, WEST MAMBATA, NEAR PUMP HOUSE, MUKKAM POST, KOZHIKODE. 3. NANDINI, W/O LATE PRABHAKARA KURUP, AGED 50 YEARS, RESIDING AT PRAJEESH NIVAS, MUKKAM POST, KOZHIKODE. 4: PRAJANA, D/O LATE PRABHAKARA KURUP, AGED 29 YEARS, RESIDING AT PRAJEESH NIVAS, MUKKAM POST, KOZHIKODE. 5: PRAJEESH, S/O LATE PRABHAKARA KURUP, AGED 27 YEARS, RESIDING AT PRAJEESH NIVAS, MUKKAM POST, KOZHIKODE. 6. PRAJITHA, D/O LATE PRABHAKARA KURUP, AGED 23 YEARS, RESIDING AT PRAJEESH NIVAS, MUKKAM POST, KOZHIKODE. Legal representatives OF DECEASED SOLE APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 2 TO 6 VIDE ORDER DATED 6.10.08 IN I.A.2651/08. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS ------------------------------------ 1. P.SOUMINI, W/O P.VELAYUDHAN, MINI NILAYAM, NAIR KUZHI, KOZHIKODE. 2. P.K.VINOD, S/O VELAYUDHAN, MINI NILAYAM, NAIR KUZHI, KOZHIKODE. 3. THE NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, P.B.NO.11, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1,2 SRI.RAJAN P.KALIYATH FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1697 OF 2007 = = = = = = = = = = = = = = = Dated this the 16th 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, Kozhikode in O.P.(MV)2559/99. The claimant, a 53 year old headmaster sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.5,000/-. Dissatisfied with the amount, the claimant has come in appeal for enhancement. 2. Heard the counsel for all. The learned Tribunal did not accept the factum of the fracture of clavicle on the ground that it is not mentioned in the wound certificate. It also did not give due weight regarding the C.T.Scan taken. So it awarded a global amount of Rs.5,000/-. Learned counsel for the appellant had made available before me the documents produced before the Court. It can be seen that even at the time of admission there was a complaint regarding the pain on the shoulder. There was a contusion on the frontal region and the C.T.Scan revealed no trauma M.A.C.A. NO. 1697 OF 2007 -:2:- related to intra cranial pathology. Treatment certificate would reveal that he was treated as an inpatient in the hospital from 1.10.99 to 5.10.99. The Tribunal itself has stated that Ext.A5 series of medical bills will come to Rs.1,301/-. I feel the compensation awarded is inadequate when compared to the injury sustained and therefore I refix the compensation as follows. 3. Towards medical expenses I grant Rs.2,000/-, towards bystanders, extra nourishment and treatment expenses I allow a sum of Rs.800/-, towards pain and sufferings I award a sum of Rs.6,000/- and I award a further sum of Rs.3,000/- towards loss of amenities and enjoyment in life. I am not awarding any amount for actual loss of earnings in the absence of any particulars to prove the same. Therefore the claimant will be entitled to a total compensation of Rs.11,800/- out of which Rs.5,000/- has already been awarded. Thus the claimant will be entitled to an additional compensation of Rs.6,800/-. M.A.C.A. NO. 1697 OF 2007 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,800/- 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/-