IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 MACA.No. 654 of 2009(G) ---------------------- OPMV.172/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ----------------------------------------- P.ALI, S/O.ABDULLA, PERINGODU HOUSE, POONOOR ESTATE P.O., THAMARASSERY, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OPMV --------------------------------------------------- 1. SALIM, S/O.THEYYAN, 3/404, VADAKKE CHANGAROTH HOUSE, P.O.ATHOLI, KOZHIKODE. 2. NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, INDIRA GANDHI ROAD, KOZHKODE. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 654 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. 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)172/06. The claimant a 70 year old labourer by profession sustained injuries in a road accident and the Tribunal has granted him a sum of Rs.7,920/- which was rounded to Rs.8,000/-. It is against that decision the claimant has come up in appeal for enhancement. Heard the learned counsel for the appellant as well as the insurance company. 2. A perusal of the award would show that immediately after the accident he was taken to a local hospital from where he was referred to the Medical College Hospital, Kozhikode and there he was treated as an inpatient from 22.11.2005 to 30.11.2005. The diagnosis result was head injury, SAH intra hemisphere fracture right frontal bone extending to the floor of orbits. This old man had undergone surgery for his abdominal problem and was also M.A.C.A. 654 OF 2009 -:2:- suffering from incessational hernia. Even opthalmology consultation was done on account of the head injury sustained by him. Even if notional income of Rs.1,500/- is taken it is certain that he would have been prevented from doing any work for a period of two months and therefore I allow an additional compensation of Rs.2,000/- under the head of loss of earnings. The old man aged 70 had suffered a head injury and had undergone treatment and had to do all sorts of consultation because of the problems which he was facing and therefore he would have been suffered agonizing pain and there would have been loss of amenities and lots of inconveniences in his day-today life, especially on account of his old age. Taking into consideration all these aspects I award a sum of Rs.3,000/- towards pain and sufferings and Rs.3,000/- towards loss of amenities, thus making it a total additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7% interest on the said sum from the date of M.A.C.A. 654 OF 2009 -:3:- 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/-