IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MACA.No. 580 of 2004(G) ----------------------------------- O.P.M.V. NO.426/1995 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM. .................... APPELLANT/PETITIONER: ------------------------------------- SHIBU VARGHESE @ MATHEW, MELAYIL PUTHENPURAYIL HOUSE, EZHAKKARANADU P.O., PUTHENKURISU, ERNAKULAM DISTRICT. BY ADV. SMT.MINI ELIZABETH GEORGE, ADV. SMT.BETTY K.ALUKKA. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. DAVID GEORGE, MADAPPALLY HOUSE, EDATHALA P.O., KIZHAKAMBALAM, ERNAKULAM DISTRICT. 2. M.A.VARGHESE, S/O. TITUS, MEPPADATHU HOUSE, MARANGATTUPALLY KARA. 3. NATIONAL INSURANCE CO. LTD., KOTTAYAM. ADV. SRI.M.K.DILEEPAN FOR R1, ADV. SRI.E.M.JOSEPH FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.580 OF 2004 ===================== Dated this the 30th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.426 of 1995. The claimant, a cleaner by profession, sustained injuries in a road accident in 1994 and he has been awarded a compensation of Rs.13,000/- by the Tribunal. It is against that decision, the present appeal is filed. 2. Learned counsel appearing for the appellant has made available before me the documents relating to treatment. Immediately after the accident, he was taken to Hindustan Newsprint Ltd.Hospital from where he was referred to the Medical College Hospital, Kottayam. He had suffered injury in the pinna as well as in the scalp. The discharge card issued by the Medical College Hospital, Kottayam would reveal that he was treated as an inpatient in the hospital for a period of 10 days in the said hospital. It can also be seen that the injury on the pinna was a bad injury and he had to undergo treatment on account of the same for a long period. He had undergone excision of perichondrum. The certificates issued by the MACA 580/2004 -:2:- Doctors would show that he had been suffering from severe headache and trinumeral neurolgia as well as injury on the pinna which has caused disfiguration. It was on that basis, the Tribunal has awarded compensation. The treatment records itself would reveal that he was unable to do any work for a period of 3 months. Therefore I enhance the compensation for actual loss of earning by Rs.3,000/- more. It is true that no disability certificate is produced. But a certificate is produced to the effect that there has been disfiguration of the ear for which Rs.3,000/- has been awarded as compensation. But, nothing is given as compensation for temporary disability or loss of amenities and enjoyment in life which I fix at Rs.3,000/-. Therefore the claimant has to be awarded an additional compensation of Rs.6,000/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 7% 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 580/2004 -:3:-