IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 MACA.No. 1812 of 2009() ---------------------------------- OPMV.1563/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------- K. ASHOKAN, S/O.PERAVAKUTTY, AGED 60 YEARS, RESIDING AT 'ANASWARA' VARIKKOLI PARAMBA, P.O.KIZHAKKUMMURI (VIA), KAKKODI, KOZHIKODE. BY ADV. MR.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. V.P. ASOKAN, AGE & FATHER'S NAME NOT KNOWN, RESIDING AT VADAKKE PUNATHIL HOUSE, P.O.MAKKADA, (VIA) KAKKODI, KOZHIKODE. 2. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. MR.P.JAYASANKAR . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1812 OF 2009 ............................................. Dated this the 15th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1563/2004. The claimant, a 55 year old Upper Division Clerk attached to PWD department, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.11,500/=. Aggrieved by the quantum awarded, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. The wound certificate made available would show that the claimant was complaining about the pain on the neck and therefore X-ray on the spine was recommended and the CT scan revealed that there was no fracture. But it revealed that there were degenerative changes in the vertebra. He was shifted from unit to unit. He developed neck pain and it was on account of the degenerative changes. He had again visited the hospital on : 2 : M.A.C.A.NO.1812 OF 2009 20.5.2004 and the document reveals that he was in the hospital almost for 24 days. It is certain that degeneration of the joints that too immediately after the accident cannot be on account of the injury sustained in the accident. But a person who is having degenerative changes would be suspectable to rapid decay and especially being one affecting the spine it will have real health hazards for the reason that normal ware and tear is aggravated by a fall. Therefore, taking into consideration all these aspects coupled with the age of the person, I am inclined to grant Rs.4,000/= more towards pain and sufferings and Rs.4,000/= towards loss of amenities and enjoyment in life. Though a mention is made about the disability certificate, it is on account of the degenerative process which has nothing to do with the injury sustained in the accident and therefore, the Tribunal was justified in not relying upon the same. 3. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 7% interest from the date of petition till : 3 : M.A.C.A.NO.1812 OF 2009 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. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.1812 OF 2009