IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 68 of 2007() -------------------------------- OPMV.142/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT ------------------------------ K.K.ABDULLA, S/O.KUNHAYINKUTTY HAJI, KURUPPANAKKANDY HOUSE, KIZHAKKOTH AMSOM DESOM, ELETTIL VATTOLY, KODUVALLY, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. P.M.JOHNY, PLAPPILLIL HOUSE, SEETHAMOUNT (PO), PULPALLY, WAYANAD. 2. M.V.SCARIA, S/O.ULAHANNAN, MAPPANATT HOUSE, SEETHAMOUNT (PO), PULPALLY, WAYANAD. 3. NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, KALPATTA SHOPPING COMPLEX, MAIN ROAD, KALPETTA. BY ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 68 OF 2007 = = = = = = = = = = = = = = = Dated this the 14th day of July, 2008. 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)142/04. The claimant, a passenger in a bus sustained injuries in a road accident and he has been awarded a compensation of Rs.8,000/- on a global basis by the Tribunal. It is against that decision, the present appeal is preferred. 2. Heard the counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me the copies of all the documents produced before the Tribunal. Immediately after the accident the claimant was taken to the local hospital at Kalpetta. 3. Next is the reference card issued by the Medical College Hospital, Kozhikode. It would show that he was admitted on 6.10.02 and discharged on 14.10.02. A perusal of the same would reveal that it was a case referred from the M.A.C.A. 68 OF 2007 -:2:- Community Health Centre, Kalpetta and there is a fracture on the left temporal bone and small oedma on the temporal region. Again he visited the hospital on 14.11.02. On 6.10.02 itself in the Medical College, a scan was taken and the scan would reveal extradural heamatoma and also fracture of the left anterior temporal bone. Therefore the observations made by the Tribunal that these documents are not connecting the injuries is without much basis. There are clear cut documents to show sustainment of injuries, taking of scan and the treatment undergone and it may not be justifiable on the part of the Court to discard this evidence to hold against a party. Therefore I have to recalculate the compensation and award the same. 4. The accident had taken place in 2002, and on account of the fracture of the bone in the head coupled with other injuries he would not have been in a position to attend his work especially for the reason he had visited the hospital in the month of November, 2002 as well. Therefore fixing his income at Rs.2,000/- I award him Rs.4,000/- for loss of M.A.C.A. 68 OF 2007 -:3:- earnings. The Tribunal makes reference to medical bills for Rs.800/- which includes a scan bill. He had visited the hospital on subsequent occasions also. So considering the nature of injuries I fix the medical expenses at Rs.1,500/-. So far as the bystanders expenses and extra nourishment is concerned a reasonable amount has to be granted and as he was in the hospital for 8 days I award Rs.600/- under those heads. The accident had taken place at Kalpetta and he was take to Kozhikode. At least a minimum amount of Rs.500/- has to be granted towards transportation expenses and I do so. The person has sustained injury on the head including a fracture of the bone and had undergone hospitalisation for 8 days with follow up treatment which requires that pain and sufferings compensation to be awarded at Rs.6,000/-. Certainly, on account of the injuries sustained there would have been loss of amenities and enjoyment in life at least temporarily for a length of period for which I award a nominal amount of Rs.2,000/-. When it is so the claimant is entitled to a compensation of Rs.14,600/- out of which M.A.C.A. 68 OF 2007 -:4:- Rs.8,000/- has already been awarded by the Tribunal. Therefore the claimant will be entitled to an additional compensation of Rs.6,600/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,600/- with 6% interest on the said sum from the date of 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/-