IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 2180 of 2007() ---------------------- OPMV.328/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................. APPELLANT / PETITIONER IN OP(MV): ------------------------------------------------------ PRAMOD KUMAR C.V., S/O.BALAKRISHNAN NAIR AGED 29 YEARS, CHETTIYAM VEETTIL HOUSE, MANGAD POST, UNNIKULAM VIA, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDDEEN RESPONDENTS / RESPONDENTS IN OP(MV): --------------------------------------------------------------- 1. M.KRISHNASWAMY, YEMKEY GAS AGENCIES, RAMANATHAPURAM, PALAKKAD. 2. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, DOOR NO.10/290, GH ROAD, PALAKKAD. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2180 OF 2007 = = = = = = = = = = = = = = = Dated this the 10th day of November, 2010. J U D G M E N T Respondents served. No appearance for them. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 328/02. The claimant, while standing on the road side was hit by a mini van resulting in injuries to him. The Tribunal on a consideration of the materials awarded him a compensation of Rs.3,000/-. It is against that decision the claimant has come up in appeal for enhancement. 3. Heard the learned counsel for the appellant. He had made available before me the documents relating to treatment by the Medical College Hospital, Kozhikode. The accident had taken place on 2.11.01. He was continuously treated from that date till 13.11.01. A perusal of the treatment record would reveal that zygomatic elevation has to be done. It is also seen there was tenderness on the infra orbital region and also tenderness over the zygomatic arch. M.A.C.A. 2180 OF 2007 -:2:- Fortunately for the patient there was no skull injury. So it shows that at the age of 24 he had to undergo a treatment for the injuries sustained on the face. Taking into consideration of these aspects I feel at least a minimum compensation of Rs.10,000/- has to be awarded in this case. The Tribunal has already awarded Rs.3,000/-. So I allow an additional amount of Rs.7,000/-. 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/-