IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 1830 of 2006 -------------------------------- OPMV.532/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA ...................................... APPELLANT/PETITIONER: -------------------------------------- NOUSHAD S/O. MUHAMMED, AGED 24 YEARS, RESIDING AT KOCHUMARIYIL HOUSE, PEZHAKKAPPILLY KARA, MULAVOOR VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.P.V.ELIAS SRI.N.N.ELAYATH SRI.N.P.THANKACHAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. MARTIN ANTONY, S/O.KURIAN ANTONY, AGED 36 YEARS, RESIDING AT COOLYPURACKA HOUSE, VANDIPPETTA BHAGAM, VAZHAPPILLY PADINJARU VILLAGE, CHANGANASSERY TALUK. 2. JIJO V. CHERIAN, VELLAKKALIL HOUSE, PULICKALLU P.O., MANIMALA, CHANGANASSERY. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PAREEKKULAM BUILDINGS, NEAR COLLECTORATE, KOTTAYAM. 4. K.B. BASHEER, KAIMALAPUTHENPURAYIL, MUDAVOOR POST, MUVATTUPUZHA. 5. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUVATTUPUZHA. ADV. SMT.K.C.BEENA FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1830 OF 2006 ===================== Dated this the 14th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.532 of 2003. The claimant sustained injuries in a road accident and the Tribunal has awarded a sum of Rs.5,625/-. It is against that decision the present appeal is filed. 2. Heard. It is seen that the claimant in this case had sustained a lacerated wound on the forehead and a small fracture on the tip of the nasal bone, which was displaced. He was in the hospital as an inpatient for two days. The Tribunal was unhappy with the noting that the injuries were sustained on 1.9.2002 whereas the accident itself had taken place on 2.9.2002 only. The original case records have been produced and even there there is correction regarding date of accident. I feel a hyper technical approach is not necessary in accident claim cases. The Tribunal has only awarded a compensation for 7 days for loss of earning in a case of displaced fracture. I feel an additional amount of Rs.1,000/- has to be awarded under that head. There is a fracture on the face involving the nose. MACA 1830/2006 -:2:- It may not be easy to take solid food and therefore I grant an amount of Rs.200/- towards extra nourishment diet. Similarly under the head pain and suffering, I enhance the amount by Rs.1,000/-. Certainly displaced nasal bone fracture would have caused considerable difficulty to the claimant and I award Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.4,200/-. Therefore, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,200/- with 7% interest on the said sum from the date of petition till realisation. The 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/-