IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 MACA.No. 926 of 2005 ------------------------------- OPMV.1248/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ....................................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------- FRANCIS, S/O. JACOB, PULLOKKARAN HOUSE, ELINJIPRA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS 4, 6 AND 7 IN OP(MV): ------------------------------------------------------------------------------ 1. SREEKUMAR P.B., KANAYATH HOUSE, KHANNANAGAR P.O. 2. MANAGER, ORIENTAL INSURANCE CO., KODUNGALLORE. 3. JACOB, S/O. ANTONY, KANNAMPUZHA HOUSE, NEAR KAPPOODI ASRAMAM, ELINJIPRA P.O. ADV. SRI.VPK.PANICKER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.926 OF 2005 ===================== Dated this the 11th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1248 of 1998. The claimant, a young man aged 24 years claiming to be a newspaper agent-cum-painter sustained injuries in a road accident and claimed a total compensation of Rs.50,000/- of which the Tribunal awarded Rs.11,647/-. The liability was cast on respondents 4, 6 and addl.R7. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. Learned counsel for the appellant had made available before me for perusal the wound certificate-cum-discharge certificate issued by the Medical Trust Hospital, Ernakulam, which had been marked by the Tribunal. It would show that he had sustained a lacerated wound of 15 x 1 cm on frontal region, lacerated wound of 5 x 2 x 2 cm over left upper leg-middle aspect, lacerated would of 1 x o.5 cm over left shoulder, lacerated wound over medial aspect of left knee with MACA 926/2005 -:2:- contamination. He was treated by the Neurosurgery Department as well as the Orthopedic department attached to the Medical Trust Hospital and suturing was done under general anesthesia. He was admitted in the hospital on 22.3.1998 and discharged on 27.3.1998. The Tribunal has only awarded 15 days loss of earning. Considering the nature of the injuries and the period of treatment he has to be compensated one month's loss of earning thereby enhancing an amount of Rs.750/-. He is a native of Thrissur District and he was treated in the Medical Trust Hospital, Ernakulam. Therefore for transport expenses, I award him a further sum of Rs.500/-. Though on final analysis the injuries were not of a serious nature, it can be seen that the lacerated wounds are of a considerable dimension on different parts of the body including the contaminated wound on the knee. Therefore it is necessary that I enhance Rs.1,000/- for pain and suffering and Rs.1,000/- towards loss of amenities. Therefore the claimant will be entitled to an additional compensation of Rs.3,250/-. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,250/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this MACA 926/2005 -:3:- judgment. M.N.KRISHNAN, JUDGE Cdp/-