IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 MACA.No. 352 of 2005(G) ------------------------------ OPMV.228/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): /PETITIONER ---------------------------------- MATHEW JOSHWA, REGI VILASAM, MAROOR P.O., PATHANAMTHITTA. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): RESPONDENTS -------------------------------------- 1. DEVARAJAN NAIR, S/O.SIVARAMAN NAIR, SREE MANDIRAM, KALANJOOR P.O., PATHANAMTHITTA. 2. THULASEEDHARAN NAIR, SHISHUMANDIRAM, KALANJOOR P.O. PATHANAMTHITTA. 3. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KOTTARAKKARA. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 352 OF 2005 = = = = = = = = = = = = = = = Dated this the 13th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV) 228/94. The claimant, an A.C. mechanic aged 22 years sustained injuries in a road accident. The Tribunal awarded a total compensation of Rs.22,500/- with 9% interest and it is against that decision the claimant has come up in appeal for enhancement. Paragraph 8 of the award would reveal that the claimant had a lacerated injury of 10 c.m. X 5 c.m. exposing facial muscles underneath. He has a lacerated wound 3 c.ms. below the above wound with 5 cms. X 2 cms. He had also a lacerated would over the left foot 2, 3, 4 meta tarsal exposing soft tissue and had also fracture on the 4th metatarsal in the left foot. He was treated as an inpatient in a hospital for three days from 9.1.94 to 11.1.94. The main grievance is that the disability certificate of 12% has not been taken into consideration. The Tribunal has given its own M.A.C.A. 352 OF 2005 -:2:- reasons holding that even the certificate does not qualify whether it is a temporary disability or permanent disability. The Doctor has not treated the person and he had not been examined also. Therefore the Tribunal did not accept the disability certificate but granted a compensation of Rs.10,000/- for the same which I feel is quite adequate. But so far as the pain and sufferings is concerned it can be seen that there was exposure of the facial muscles besides the soft tissue injuries on the leg and also exposure of the metatarsal bone coupled with the fracture. He had also suffered other facial injuries. Certainly this would have caused him agonizing pain and considering that fact I am incline to enhance the compensation for pain and sufferings by Rs.5,000/-. Certainly, on account of these injuries he would not have been in a position to do any work for a minimum period of two months and therefore I enhance an amount of Rs.2,000/- for loss of earnings also thereby entitling the claimant to an additional compensation of Rs.7,000/-. M.A.C.A. 352 OF 2005 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7.5% 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/-