IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 MACA.No. 3068 of 2009() ----------------------- OPMV.1236/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER: --------------------------------------------- SANU @ SANEESH ,AGED 20 YEARS, S/O.ANSARI, PALAYANCADE HOUSE, MAPRANAM MADAYIKONAM VILLAGE, THRISSUR. BY ADV. MR.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. ANTONY, S/O.CHUMMAR P.K. PALAMAUTTATH HOUSE, VELLANGALLUR, CHAMAKKUNNU, VADAKKUMKARA VILLAGE, TRICHUR, (DRIVER OF BUS) 2. SMT. SEETHALAKSHMI AMMAL W/O.C.V.N.IYER, CHIRAYATH MADAM, 7/11/ANARULI, PULLUR, IRINJALAKUDA, THRISSUR (OWNER OF BUS) 3. NATIONAL INSURANCE CO.LTD., MAIN ROAD, IRINJALAKUDA, THRISSUR POLICY NO.570701/31/06/6300005623 VALID FROM 25.12.2006 TO 24.10.2007. R1 & R2 BY ADVS. MR.P.GOPALAKRISHNA MENON, MR.M.JITHESH MENON. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3068 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th 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, Ottapalam in O.P.(MV)1236/06. The Tribunal awarded a compensation of Rs.34,400/- to the claimant. The insurance company in the delay condonation application had not chosen to enter appearance. But respondents 1 and 2 had entered appearance. When they entered appearance regarding the quantum the insurance company cannot agitate and therefore its presence is not necessary for determination of the amount. 2. Now a 20 year old young man, a qualified electrician sustained serious injuries in a road accident. He had a crush injury on his little finger of the right hand with compound comminuted fracture on the proximal phalanx. He was treated as an inpatient for 5 days. He had to expend M.A.C.A. 3068 OF 2009 -:2:- Rs.17,000/- for medical expenses. The Tribunal has granted him only Rs.6,000/- towards pain and sufferings and Rs.3,000/- towards loss of amenities. It is true that there is no document to evidence any disability occasioned on account of the injury sustained in the accident. But when a person suffers a crush injury with a comminuted fracture that too of the little finger of the right hand one can just imagine the excruciating pain which he had undergone on account of the nature of the injuries and also the discomforts and loss of amenities which would have occasioned to him for a considerable length of period. Taking into consideration those aspects I am inclined to award Rs.4,000/- more towards pain and sufferings and Rs.4,000/- more towards loss of amenities and enjoyment in life. On all other heads the Tribunal has awarded reasonable compensation. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 8% interest on the said sum from the date of M.A.C.A. 3068 OF 2009 -:3:- 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. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.