IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 384 of 2008(A) ----------------------------------- OP(MV).NO.1821/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN THE OP(MV): ------------------------------------------------------------ K.K.BALAN NAIR, S/O.SEKHARAN NAIR, AGED 51 YEARS, KADUKKAMKANDY HOUSE, ERAVANNUR POST, NARIKKUND-VIA, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN, ADV. SMT.LATHA PRABHAKARAN. RESPONDENTS/ RESPONDENTS IN THE OP(MV): ---------------------------------------------------------------------- 1. P.V.MUSAMIL, E.K.HOUSE, ANAYIDUKKU L.P.SCHOOL (NEAR), THANA POST, KANNUR. 2. ABDUSSALAM, S/O.MOOSA, ORUVANGARA HOUSE, ERAVANNUR POST. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY. R3 BY ADV. SRI.P.M.M.NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.384 OF 2008 ===================== Dated this the 7th day of November 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1821 of 2001. The claimant, a 45 year old man, sustained injuries in a road accident. The Tribunal awarded him a total compensation of Rs.10,000/-. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. Learned counsel for the appellant had made available before me for perusal the documents produced. Initially he was taken to a local hospital wherein it is noted that he had sustained depressed contusion on 10 x 10 cm on the frontal area and forehead, opistax in both nostrils and lacerated wound at the base of nose 2 cm left side of face and lateral to the left eye, right leg, etc. He was referred to the Medical College Hospital to rule out the involvement of head injury. Subsequently he was admitted in the Medical College Hospital on 31.3.2001, i.e. on the same day and discharged on 8.4.2001. It is seen from MACA 384/2008 -:2:- the said document that the claimant had sustained a depressed fracture of the frontal region and other connected neurological problems like hematoma and lacerated wound on the upper lip, forehead, etc.. He was managed conservatively and also was given treatment for the wounds and discharged with advise. I feel the nature and dimension of the injuries are quite sizable with involvement of fracture besides large number of injuries on his face, I enhance the compensation for pain and suffering by Rs.3,000/-, towards loss of earning by Rs.2,000/- and towards loss of amenities and enjoyment in life and considering the nature of injuries and the course of treatment and other aspects, I enhance the compensation by Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,000/-/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,000/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent 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/- MACA 384/2008 -:3:-