IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1692 of 2007(D) ------------------------------------- O.P.(M.V).NO.1038/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. .................... APPELLANT/PETITIONER: ------------------------------------- KRISHNANKUTTY, S/O KANNAN, RESIDING AT PULAYAMPARA, NELLIYAMPATHY POST, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH, SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. M.P.PEYUSH, RESIDING AT 'SINDHU NIVAS', KOTHAPARAMBU, KODUNGALLUR, THRISSUR DISTRICT. 2. C.V.UNNIKRISHNAN, S/O VIJAYAN, RESIDING AT CHEMMANDAPARAMBIL HOUSE, METHALA VILLAGE, KODUNGALLUR, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, P.B.NO.27, MANAPATT BUILDINGS, NORTH NADA, KODUNGALLUR-680 664. ADV. SRI.M.JACOB MURICKAN FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1692 OF 2007 --------------------- Dated this the 8th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1038/00. The claimant sustained injuries in a road accident at Alappuzha. The Claimant belonged to Nelliyampathy. The documents produced would reveal that he had sustained incised wound on the forehead, below the left eye, below and back of left ear, right forearm and abrasions over face and hand. The accident took place at Alappuzha and he was treated as inpatient for a day. At his request he was discharged with a promise to continue his treatment from a local hospital. The Tribunal awarded him a total compensation of Rs.9,250/-. It is against that decision the claimant has come up in appeal. 2. Heard both sides. Learned counsel would contend that there is inadequacy of compensation. It has to be stated that the Tribunal itself has observed while granting compensation for pain and suffering that he would not have been in a position to do any work for a period of one month. But at the time of considering the question of actual loss of earning, it did not grant any amount. Therefore, I feel that an amount of Rs.1,500/-has to be awarded towards actual loss of earning. The accident took place at Alappuzha and he was a native of Nelliyampathy, which is almost 225 Kms MACA No. 1692/07 2 away from the place of accident. Certainly he would have travelled in a special conveyance. F,or that the Tribunal has awarded a sum of Rs.800/- which is inadequate. Therefore, I grant a sum of Rs.700/- more under that head. Similarly it can be seen that antibiotics and other tablets were prescribed at the time of discharge and he was also advised to continue the treatment from local hospital. His wound was stitched also. So taking into consideration all these aspects, I award Rs.500/- towards medical expenses. Therefore the claimant will be entitled to an additional compensation of Rs.2,700/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.2,700/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1692/07 3