IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1972 of 2010()
1. M.VIJAYAKUMAR,S/O.LATE BALAKRISHNAN NAIR
... Petitioner
Vs
1. N.P.HARRIS, AGE & FATHERS NAME NOR
... Respondent
2. RIMNASH P.M., AGED NOT KNOWN
3. THE ORIENTAL INSURANCE CO LTD
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/01/2011
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 1972 OF 2010
= = = = = = = = = = = = = = =
Dated this the 6th day of January, 2011.
J U D G M E N T
This appeal is preferred against the award
of the Motor Accidents Claims Tribunal,
Kozhikode in O.P.(MV)1031/07. The claimant, a
52 year old man employed in a Bank, sustained
injuries in a road accident and the Tribunal
awarded a compensation of Rs.16,750/-.
Dissatisfied with the same the claimant has come
up in appeal.
2. Heard the learned counsel for the
appellant as well as the insurance company. A
perusal of the award makes it very clear that he
had sustained a fracture on the zygomatic arch,
a fracture on the nasal spectrum and also
fracture on the lateral wall of both orbit. He
had been under the treatment of a Dental
M.A.C.A. 1972 OF 2010
-:2:-
College. So nature of injuries would establish
that the claimant had sustained facial injuries
and these injuries are capable of creating lot
of difficulties for the person at least
temporarily for a considerable length of time.
When there is a fracture on the zygomatic arch
even the intake of sold food becomes very
difficult and the fracture on the nasal bone can
cause problems even in proper breathing and the
fracture of the wall of the orbit can cause some
difficulties. So taking into consideration all
these aspects I feel this is a case where some
more amount has to be given towards nutritious
food as well as for loss of amenities and
enjoyment in life. I fix that amount at
Rs.7,000/- and award the same.
In the result the MACA is partly allowed
and the claimant is awarded an additional
M.A.C.A. 1972 OF 2010
-:3:-
compensation of Rs.7,000/- 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.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/-
[true copy]
P.A. To Judge.