RAJU Vs. STANLY

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV) 2954/03. The claimant, while travelling in an auto rickshaw, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.17,600/-. It is against that decision the claimant has come up in appeal for enhancement.

(2.) HEARD the learned counsel for the appellant as well as for the insurance company. A perusal of the documents made available would reveal that the petitioner had sustained an avulsed injury on the right pinna and lacerated wound extending to the right pinna. He had also sustained a lacerated wound over the lip, another lacerated wound over the neck and contusion on the nape of neck. He was admitted as an inpatient in the Medical College Hospital, Thrissur from 9.9.03 to 15.9.03. His case was diagnosed as a right pinna avulsion with cervical muscle spasm. It would also show that suturing has to be done and cervical color has to be applied. All these things would reveal that the injury sustained had caused lot of problems for the person. The accident took place in the year 2003 and at least a minimum of Rs.3,000/- can be taken as income and therefore for two months loss of earnings I award Rs.2,000/- more under that head. Only a very small sum of Rs.450/- is awarded towards medical expenses. Considering the nature of injuries, the treatment and the radiological examination which he should have been undergone I am inclined to grant Rs.1,000/- more towards medical expenses. The nature of injuries will show that all the injuries were on the sensitive parts of the body especially on the back of the head, on the neck as well as on the lip. It could have caused him agonizing pain because the injury on the pinna was really avulsed. Therefore I grant Rs.4,000/- more towards pain and sufferings. The learned counsel for the appellant wanted me to consider the question of disfigurement. Neither the claimant was examined nor documents were produced to show what is the actual disfigurement. But certainly the nature of injury would have caused him at least some bodily problem and disfigurement and there should have been loss of amenities and enjoyment in life and so towards that I award a further compensation of Rs.3,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7% 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.