IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 MACA.No. 2063 of 2007() ----------------------- OPMV.471/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS:PETITIONERS: ------------------------------------------- SANTHOSHKUMAR K.B., S/O.BHASKARAN, KARIYADAN HOUSE, MADAYIKONAM P.O., THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS:RESPONDENTS: ------------------------------------------------ 1. K.S.SIVADAS, UNNAYIVARRIER SMARAK KALANILALAYAM, IRINJALAKUDA. 2. THE MANAGER, NATIONAL INSURANCE CO. LTD, MALIAKKAL BUILDING, P.B. NO.70, MAIN ROAD, IRINJALAKUDA. 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., B.O.2, KPN SHOPPING COMPLEX, SHORNUR ROAD, THRISSUR. BY ADV. DR.ELIZABETH VARKEY FOR R3 SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2063 OF 2007 ===================== Dated this the 25th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.471 of 2002. The claimant, a 27 year old young man sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.27,820/-. Dissatisfied with the same he has come up in appeal. 2. Heard both sides. Learned counsel for the appellant had made available all the documents for perusal. Immediately after the accident, he was treated in Lal Memorial Hospital, Madayikkonam. It can be seen that he had abrasion on the occipito-parietal region and a triangular piece of upper lip 2 cm peeled out. There was laceration of the lower lip and abrasion 1 cm below neck. He was referred to the Metropolitan Hospital, Thrissur. But, it appears that he visited the Westfort Hospital, Thrissur and it was found that he had a haematoma on the left testis. He was treated as an inpatient in the hospital from 27.1.2002 to 30.1.2002. Again this man visits the Westfort Hospital and gets treated from 28.5.2002 to 3.6.2002. It MACA 2063/2007 -:2:- would show that he had some problem with his testis. Subsequently, a medical certificate issued by one of the Government Doctors had been produced before the court to show that there is a disability for him at 25%. The Doctor was also examined as PW3. A perusal of the award by the Tribunal would reveal that the contention that the claimant will not be able to procreate children on account of the injuries sustained cannot be accepted. According to the Tribunal, the Doctor has deposed that one of the testicles was normal and that it can produce a minimum of 25 million of spermatozoa. The Tribunal, after analysing the medical evidence came to the conclusion that even if no accident had taken place the claimant could have only produced 8 million spermatozoa and it was not on account of the injury sustained. So, the Tribunal concluded that 25% disability did not result from the accident. It appears to be with cogent reason. But for already a man with some difficulty certainly the injury in the testis would have aggravated and attributed to the process. Therefore in that angle, the claimant requires some sympathetic consideration. For a young man aged 27 years, he is yet to get married, these type of handicaps would not only result in disappointment and frustration, but also considerable loss of amenities and enjoyment in life. Taking into consideration that aspect, I am inclined to increase the MACA 2063/2007 -:3:- compensation awarded for loss of amenities and enjoyment in life by Rs.5,000/-. I also enhance compensation for pain and suffering by another Rs.2,000/-. Or, in other words, the claimant will be entitled to an additional compensation of Rs.7,000/-. So far as the income is concerned, the Tribunal has taken an extremely reasonable view of Rs.3,000/- per mensem and I do not want to disturb that finding. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent 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/-