IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 MACA.No. 2555 of 2008(C) ----------------------- OPMV.2195/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/ CLAIMANT : --------------------------------- ANTONY., S/O. JOSEPH, AGED 54 YEARS POOPPADI HOUSE, ERANHIKKAL POST, KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENT(S)/ RESPONDENTS : -------------------------------------- 1. PRADEEPAN, S/O.KRISHNAN, SEETHA NIVAS, VENGAD POST ANCHARAKANDY, KANNUR DISTRICT. 2. SUJITH P.K., S/O. NARAYANAN AGED 34 YEARS, PULATHIYODAN KOROTH HOUSE PUZHANI HOUSING COLONY, KAKKAD POST, KANNUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD BRANCH OFFICE, FASHION TOWER, CALTEX, KANNUR DISTRICT. ADV. SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2555 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2195/01. The claimant, a 47 year old man sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.2,000/-. A perusal of the wound certificate would reveal that he had sustained a lacerated wound of 3 c.m. below the right eye and was treated as an outpatient on that occasion. Thereafter it is seen that this man had undergone treatment in connection with his eye and he had also ENT consultation from different hospitals but unfortunately these documents are not connected or it is proved that these complications had arisen on account of the injuries sustained in the accident. If the claimant is able to establish that these are all the aftereffects of the injuries sustained certainly his contentions requires consideration. But at the same time it may not be possible to connect each and every document for M.A.C.A. 2555 OF 2008 -:2:- the reason that it had taken place not immediately but after some years. One may not be able to connect that the injuries had caused these defects. But considering the fact that he had sustained a facial injury that too an injury very close to the eye I am inclined to grant him a total compensation of Rs.5,000/- out of which Rs.2,000/- is already awarded. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- 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/-