IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1667 of 2004() ---------------------------------- OPMV.666/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. ELIA, W/O.THOMMAN, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 2. RAPPAI, S/O.ELIA, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 3. ALICE, D/O.ELIA, PUTHESSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 4. DAVIS, D/O.ELIA, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 5. ROSILY, D/O.EIA, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 6. PAULY, S/O.ELIA, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 7. PHILOMINA, D/O.ELIA, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. 8. YOHANNAN, S/O.ELIA, PUTHUSSERY HOUSE, PARAPPUKKARA VILLAGE, MUTHRATHIKKARA, THRISSUR. BY ADV. SR.M.V.THAMBAN SRI.V.CHITAMBARESH (SR.) SRI.SREEKANTH.K.R RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. V.B.SASI, S/O.BALAN, VAIPPEL HOUSE, PIRAVAM P.O., ERNAKULAM DISTRICT. MACA NO.1667/2004 2. K.N.RAMAN, S/O.NARAYANAN, KANIYAMPARAMBIL HOUSE, PIRAVAM P.O., ERNAKULAM DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD, CITY BRANCH OFFICE, IST FLOOR, OPPOSITE T.V.S., KALOOR, N.H.ROAD. ADV. SRI.T.C.SURESH MENON FOR R1 & R2 SRI.JIBU P THOMAS FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1667 OF 2004 ===================== Dated this the 30th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)No.666 of 1998. One Thoman sustained injuries in a road accident and during the pendency of the petition he died and the Tribunal awarded him a total compensation of Rs.60,000/-. It is against that decision, the legal representatives of the deceased Thoman, who were additional claimants had come up in appeal. Respondents 1 and 2, the owner and driver entered appearance. The question is regarding quantum. 2. It can be seen from the award that the claimant had sustained extensive degloving injury to the right leg with crushing of anterior compartment muscles. The movements of the foot were restricted. He was initially treated at Lal Memorial Hospital, Irinjalakkuda and later in the Elite Mission Hospital and he had spent Rs.41,000/- for medicine. PW3, the Doctor deposed that while the deceased Thoman was undergoing physiotherapy treatment, he died due to myocardiac arrest. The doctor has clearly opined that the cause of death is not on account of the injury MACA 1667/2004 -:2:- sustained in the accident. The Tribunal fixed his income at Rs.1,500/-. The unfortunate victim survived after the accident only for 4 months. He had a crush injury with exposure of muscles and there was difficulty for the movement of foot. It is certain that he would have suffered excruciating pain on account of the crush injury coupled with exposure of muscles. I enhance the compensation for pain and suffering by Rs.4,000/-. Certainly these injuries would have caused him loss of his amenities and enjoyment in life and he would have been dependent on somebody and he had to visit regularly the hospital which was curtailed his normal life. Therefore towards loss of amenities and enjoyment in life, I am inclined to grant Rs.3,000/-. On all other heads, the compensation awarded by the Tribunal is adequate. Therefore MACA is partly allowed and the claimants are entitled to an additional compensation of Rs.7,000/- 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/- MACA 1667/2004 -:3:-