IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MACA.No. 2175 of 2006(B) ------------------------------- OPMV.1154/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT/CLAIMANT: -------------------------------- JOJO THOMAS, S/O.K.J.THOMAS, AGED 31, KODIKATTU HOUSE, NEAR 20TH MILE, CHIRAKKADAVU VILLAGE, KANJIRAPPALLY TALUK, ADVOCATE, ST.LAZARUS SHOPPING COMPLEX, NETAJI ROAD, KOTTAYAM-2. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENTS: RESPONDENTS: ------------------------------------- 1. JOYCE E.JAMES, ELAMTHATTAM HOUSE, CHIRAKKADAVU EAST P.O., PONKUNNAM. * 2. K.K.DASAPPAN, MANNESSERIL HOUSE, CHIRAKKADAVU EAST P.O., PONKUNNAM. 3. THE UNITED INDIA INSURANCE CO. LTD., PONKUNNAM. 4. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. * 5. RADHAKRISHNA PILLAI, USHA NIVAS, MARAVAN VILLAGE, PANAPPARAKUNNU MURI, NEAR GOVERNMENT LPS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. *NAMES OF R2 AND R5 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 5.9.08 IN I.A.2329/08. BY ADV. SMT.K.C.BEENA FOR R3 S.C. FOR K.S.R.T.C. SRI. K. PRABHAKARAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2175 OF 2006 = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1154/00. The claimant, a lawyer by profession sustained injuries in a road accident on account of the collision between a tempo traveller and a K.S.R.T.C. bus. The Tribunal found that it was on account of the negligence of the K.S.R.T.C. driver the accident has taken place. The Tribunal found from the evidence available before it that the driver of the tempo was driving the vehicle carefully and while taking a curve the K.S.R.T.C. bus came from the opposite side and hit on the tempo traveler. The case was charge sheeted against the K.S.R.T.C. driver. The Tribunal on appreciation held that the accident took place on account of the negligence of the K.S.R.T.C. driver. I do not find any ground to deviate from it at this stage. MACA 2175 OF 2006 -:2:- So far as the compensation is concerned the claimant had sustained an injury below his eye and he was treated in the Mercy Hospital, Valakom and later at Medical College Hospital, Thiruvananthapuram. He is a practicing lawyer and claimed to be earning Rs.3,500/- per month and according to him it has resulted in loss of earning for one and half month. The document produced by the claimant would establish that though he did not sustain any fracture he had laceration with tissue loss in the infra orbital region and contusion on wrist. It is true that he had visited three hospitals and it would have taken him one and half month to resume his work and therefore I award Rs.1,750/- for actual loss of earnings. Similarly, it is to be stated that though there was no serious injury on the eye there was tissue loss on the orbital region and it is submitted that there is a permanent scar below the eye. For an youngster it will cause real worry and also he would have undergone tremendous pain, tension etc. during that period and also would have suffered some loss of amenities and enjoyment in life. Therefore, I feel an amount MACA 2175 OF 2006 -:3:- of Rs.5,000/- can be granted under that head. So, I enhance the compensation by Rs.6,750/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,750/- with 6% interest on the said sum from the date of petition till realisation and the 4th respondent in the appeal 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/-