IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 2144 of 2008() ------------------------------------ OPMV.2231/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER IN OPMV: ---------------------- MEHARA ISHAN @ MEHARA, W/O.VASANTH PUROHIT, "DHILL VIILAG", C.C.NO.VIII/1675, MATTANCHERY, KOCHI-2. BY ADV. SRI.MATHEWS K.PHILIP RESPONDENT(S): RESPONDENT 1 AND 3 IN OPMV: ---------------------------- 1. GEORGE MATHEW, S/O.GEORGE, PUTHENVEETTIL, BEHIND CASINO THEATRE, L.F.LINE, ALUVA. 2. M.M.ABDUL BASHEER, MANAGING DIRECTOR, INDO-GERMAN CARBON LIMITED, CHEMBAKASSERIL, ALUVA. 3. NATIONAL INSURANCE COMPANY LIMITED, M.G.ROAD, KOCHI. 4. UNITED INDIA INSURANCE COMPANY LIMITED, M.G.ROAD, KOCHI. ADV. SRI.M.M.SAIDU MUHAMMED FOR R2 SRI.E.M.JOSEPH FOR R3 SRI.N.S.MOHAMMED USMAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2144 OF 2008 --------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Ernakulam in O.P.(MV) No.2231/2002. The claimant sustained injuries in a road accident and the tribunal has awarded a total compensation of Rs. 20,000/-. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for all. The claimant had sustained a lacerated injury 2” long on the right big toe through the I.P joint. Bone was dislocated and protruding through the injury. She was inpatient in the hospital for 7 days. She had expended an amount of Rs. 11,557/- for treatment and Rs. 787/- towards transport expenses. The tribunal fixed her income at Rs. 2,500/- and awarded total compensation of Rs. 20,000/-. I feel, the claimant is entitled to additional compensation specifically for the reason that on account of the injury the bone was dislocated and it was protruding through the injury. The claimant had suffered severe pain. I recalculate the compensation as follows: I award an amount of Rs. 11,557/- towards medical expenses M.A.C.A. 2144/2008 -2- and Rs. 787/- towards transport expenses. Towards loss of earning for two months I award an amount of Rs. 5,000/-. Towards bystanders expense and damage to clothing I award an amount of Rs. 1,000/-. Towards pain and suffering Rs. 7,000/-, towards loss of amenities and enjoyment in life I award an amount of Rs. 3,000/-, making a total compensation of Rs. 28,344/- which is rounded to Rs. 28,350/-. He had already been awarded an amount of Rs. 20,000/-. Therefore the claimant will be entitled to get an additional compensation of Rs. 8,350/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 8,350/- with 7.5% interest on the said sum from the date of petition till realisation. The 3rd respondent National Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm