IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 M.A.C.A.No. 675 of 2006(B) ---------------------- OP(MV).942/1998 of THE MOTOR ACCIDENT CLAIMS TRIBUNAL (PRINCIPAL), KOZHIKODE .................... APPELLANT/PETITIONER: -------------------------------------- M. BABURAJAN, S/O. RAGHAVAN, MANNALI HOUSE, EDAKKAD POST, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. K.P. DIVAKARAN, S/O. K.C. KUMARAN, KAIVAULLATHIL HOUSE, VATTOLI POST, VIA. KAKKATTIL, VATAKARA, KOZHIKODE. 2. SHANIL SHAJI, S/O. DAMODARAN NAIR, SHAJI NIVAS, CHENOLI ROAD, PERAMBRA, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.17, KALLINKAL BUILDING, 3RD FLOOR, MAIN ROAD, BADAKARA. BY ADV. SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J ===================== MACANo.675 OF 2006 ===================== Dated this the 28th day of July 2008 JUDGMENT This appeal is preferred against the award of the Prl. Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.942 of 1998. The claimant, a 30 year old head load worker by profession, sustained injuries in a road accident. The Tribunal awarded a compensation of Rs.15,600/-. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel on both sides. A perusal of the award would reveal that the claimant was treated in the hospital as an inpatient for a period of 7 days. He had sustained lacerated wound over the scalp and had also fracture on two teeth. The Tribunal took his income at Rs.1,800/-. Considering the fact that he is a head load worker by profession and that he would have been prevented from doing any work for a period of one month, I grant him Rs.2,000/- towards loss of earning and deduct Rs.1,350/- already granted, which means that he is entitled to Rs.650/- under that head. He had a lacerated wound over the right eye lid and injury on the lower lip and two teeth had to be removed on account of the injury MACA 675/2006 -:2:- sustained. The Tribunal taking note of those facts granted Rs.10,000/- for pain and suffering including loss of two teeth. I grant him an additional amount of Rs.2,000/- under that head. On all other heads, the Tribunal has awarded just and reasonable compensation. Therefore the claimant will be entitled to an additional compensation of Rs.2,650/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,650/- with 6% interest on the said sum from the date of petition till realisation and 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 Cdp/-