IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 340 of 2004() -------------------------------- OPMV.638/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER IN OP(MV) ---------------------- BEERANKUTTY, AGED 37 YEARS, KUNDUKULAM HOUSE, KALPETTA P.O., WAYANAD DISTRICT. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENTS: RESPONDENTS IN OP(MV) -------------------------- 1. OUSEPH, S/O. ANTONY, KUNNATHUPARAMBIL HOUSE, KARIMKUTTY. 2. UNITE INDIA INSURANCE CO.LTD., KALPETTA. BY ADV. SMT.K.C.BEENA - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- M.A.C.A.No.340 OF 2004 --------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)No.638/1995. The claimant, a labourer, sustained injuries in a road accident, that is abrasion over right shin, tenderness over left ankle and he had also periorbital haematoma. The examination of X-ray did not reveal any fracture. He was treated as an inpatient in the hospital for a period of three days namely, Leo Hospital. The Tribunal awarded a compensation of Rs.2,300/- and it is against that decision, the present appeal is preferred. 2. Learned counsel for the appellant very strongly contends before me that the Tribunal did not take into account the periorbital haematoma which has resulted in loss of eye vision by 5%. 'Periorbita' means 'the periosteum of the orbit of the eye. It is continuous with the dura matter and the sheath of the optic nerve and extends a process at the margin of the orbit to form the orbital septum'. M.A.C.A.340/04 2 3. It is seen from the document produced here that there was no loss of vision and his visual capacity is by 6/6 on both eyes. He had redness of the eye for which some treatment had been granted. So it would not be possible for this Court without any medical evidence to show that there has been loss of vision on account of the injury sustained in the accident. But, even then the compensation awarded appears to be inadequate. 4. Towards transport expenses, I feel, an amount of Rs.50/- awarded by the Tribunal has to be increased to Rs.200/-, that is by Rs.150/-. For extra nourishment, I award a further sum of Rs.200/-. Towards medical expenses, another amount of Rs.500/- is awarded. On account of the injury sustained on the orbital region, shin and other parts of the body, the compensation for pain and sufferings has to be increased as Rs.1,500/-. Certainly, he would not have been in a position to do any work for atleast one month. For which also, I compensate him with Rs.1,500/-. Thus he is entitled to an additional compensation of Rs.3,850/-, which I round as Rs.4,000/-. Therefore, the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 7% M.A.C.A.340/04 3 interest on the said sum from the date of the petition till realisation and the respondent-Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. smp