IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MFA.No. 445 of 2003() ----------------------------- (OPMV.393/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA) APPELLANT: PETITIONER ------------------------------------ K.A.SUKUMARAN S/O. ACHUTHAN, AGED 48 YEARS, KUNNEL HOUSE, P.O.KAMMANA, MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS --------------------------------------------- 1. P.K.ABDUL RAZAK S/O. MOOSA, AGED 29 YEARS, KAPPASSERY HOUSE, ARATUTHARA, MANANTHAVADY (DRIVER OF CAR NO.KL-13 A/2086 D.L.NO.518/87W) 2. U.P.NOUSHAD, THAZHEAYIL PANCHARANDVIDA HOUSE, EDAYIL PEDIKA P.O., THALASSERY, KANNUR DISTRICT (OWNER OF CAR NO. KL-13 A/2086) 3. NEW INDIA ASSURANCE CO. LTD., M.G.T. BUILDING, KALPETTA (LOCAL BRANCH OF INSURER, KANNUR BRANCH) (POLICY NO. 31/57489/31/36068) BY ADV. SRI.K.K.M.SHERIF SRI.A.A.ZIYAD RAHMAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 445 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 393/95. The Tribunal has awarded a compensation of Rs.2,900/-. A perusal of the award itself would reveal that he had suffered a lacerated injury on the left pinna, lacerated injury over left eye, lacerated injury on the upper lips, lacerated injury on the lower lips and small abrasion over left hand. The appellant/ petitioner had also a lacerated injury over the right shin. He has also a suspected head injury. The award itself would reveal that he was treated initially in the Mananthavadi Govt. Hospital and later referred to the Medical College Hospital, Kozhikode for expert treatment. It is submitted that he is a mason by profession. The Tribunal has only awarded a compensation of Rs.2,900/- for the injuries sustained by the appellant, which appears to be grossly inadequate. Being a mason by profession and having sustained so much of injuries certainly he would not have been in a position to do the work for a period of one month to six weeks. Therefore I enhance the compensation under that head by MFA No.445/03 2 Rs.1,000/-. The amount awarded under the head of transport to hospital, extra nourishment food and bystanders expenses appears to be very nominal. It has to be remembered that he was referred from the Mananthavady Hospital to the Medical College Hospital, Kozhikode and the amount given is only Rs.100/-. These are all inadequate. There would have been somebody with him during the period of hospitalisation. Therefore I enhance it by Rs.1,000/-. As far as pain and sufferings is concerned only a very nominal amount of Rs. 1,500/- is awarded, which is inadequate. Taking into consideration the various number of injuries sustained and the suspected head injury, the compensation is enhanced by another sum of Rs.1,500/-. Therefore the claimant will be entitled to an additional compensation of Rs.3,500/-. In the result, the MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,500/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MFA No.445/03 3