IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 MACA.No. 2400 of 2009() ------------------------------------- OPMV.2059/2006 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------------- VELAYUDHAN, AGED 50 YEARS, S/O.UNNIKANNAN, CHEPARAMBIL (H), CHECKODE P.O., MALAPPURAM DIST. BY ADV. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENTS/RESPONDENTS IN OP(MV) ---------------------------------------------------------------- 1. SHAMEER, S/O.AHAMMED, AGE NOT KNOWN, CHETTIYANTHODIKA, KANDANPARAMBIL (H), CHULLIKAPARAMBA, KODIYATHUR AMSOM DESOM, CALICUT. 2. SALEEM, S/O.AHAMMED KUTTY, AGED 35 YEARS, KONNALATH (H), CHULLIKKAPARAMBA, KODIYATHUR AMSOM DESOM, CALICUT. 3. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE I, P.B.533, WHITE LINE BUILDING, KALLAI ROAD, CALICUT. R2 BY ADV. SRI.K.M.FIROZ, SMT.M.SHAJNA. R3 BY ADV. SMT.RAJI T.BHASKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN,J. ========================= M.A.C.A. No.2400 of 2009 ====================== Dated this the 28th day of May 2010. JUDGMENT This is an appeal preferred against the award of Motor Accidents Claims Tribunal, Kozhikode in O.P(M.V) No. 2059/2006. The claimant, while travelling in an auto rickshaw, sustained injuries when the vehicle capsized on account of negligent driving by the dirver. The Tribunal granted a compensation of Rs.15,700/-. Dissatisfied with the same the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the Insurance Company. 3. The learned counsel for the appellant had made available before me the wound certificate. The wound certificate would show that he had a long abrasion of 10x5 cm. on the left leg and also a lacerated wound. Radiological examination revealed that he had sustained a fracture of the lateral malleolus. He was inpatient in the hospital for 5 days. M.A.C.A. No.2400 of 2009 2 I feel little enhancement is necessary on the following heads. 4. A middle aged man of 47 years had sustained a deep wound on the ankle coupled with fracture and other lacerations. Normally, when there is an injury on the ankle, it causes lot of pain and takes longer time to get curred on account of movement of ankle. Therefore, I am inclined to grand Rs.3,000/- more towards pain and suffering. Certainly a casual labourer afflicted with such an injury would have experienced loss of amenities and enjoyment in life as well as temporary disability at least for few months. Considering those aspects, I am inclined to enhance the compensation for loss of amenity and enjoyment by Rs.3,000/-, thereby making an additional compensation of Rs.6,000/-. In the result, M.A.C.A is partly allowed. Claimant is awarded additional compensation of Rs.6,000/- with 7 % interest in the said sum from the date of petition till realisation and the Insurance Company is directed to deposit M.A.C.A. No.2400 of 2009 3 the amount within a period of 60 days from the date of receipt of copy this judgment. M.N.KRISHNAN,JUDGE. mns