ASOKAN Vs. KADER C M

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 2845/02. The claimant, a 31 year old young man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.14,500/- and it is against that decision the claimant has come up in appeal for enhancement.

(2.) HEARD the learned counsel for the appellant and the insurance company. A perusal of the wound certificate itself would reveal that he had sustained large number of injuries in the form of lacerations and abrasions. He had a long lacerated wound on the forehead coupled with abrasion on the other side. There was also a lacerated wound on the left orbital margin besides large number of abrasions all over the body. The C.T.Scan revealed that there was no intra cranial injury. Suturing has to be done and the claimant was finding it difficult because of the pain on the facial region. It was found that there was restriction of movement in opening the mouth and inter-dental wiring was done and he was under continuous treatment for his dental complaint up to 26.8.02. So it is a case where the claimant had sustained injuries and suffered and it is certain that he would not have been in a position to do any work for a period of minimum of two months. Fixing the wages at Rs.2,500/- if two months loss of earnings is granted he will be entitled to get an additional compensation of Rs.3,000/-. He had undergone various radiological examination, C.T.Scan and and other tests and was inpatient in the hospital for 5 days. On account of the facial injury especially of a lacerated injury on the lip as well he would not have been in a position to take solid food for a considerable number of days and it is evidenced that there was restriction of movement of the mouth. So I am inclined to grant Rs.2,000/- more towards extra nourishment and additional medical expenses. Similarly this would have resulted in loss of amenities for a considerable length of time. I enhance Rs.3,000/- more towards that thus making an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/- with 7.5% 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.