IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 MACA.No. 1504 of 2004() ------------------------------------ OP MV.1259/1995 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ---------------------------------- UNNI S/O. K.VASUDEVAN, AGED 26 YEARS, 'KAVOTI' HOUSE, AZHIYUR AMSOM, CHOMBAL DESOM, P.O.AZHIYUR, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.N.L.KRISHNAMOORTHY SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA SMTJ.N.NISHA RESPONDENT(S): RESPONDENTS -------------------------- 1. P.T.SHIHAB S/O. P.T.ALIKOYA, PARUTHITHODY HOUSE, POST ERANHIKKAL, ELATHUR, CALICUT. (R.C.OWNER OF KL-11/A 8069 AUTORIKSHAW) 2. MADAHU S/O. VELAYUDHAN, PAYAPPURATH HAZHATH HOUSE, MAKKATA AMSOM, BATHIRUR DESOM, MALAPPURAM DISTRICT (DRIVER OF KL-11/A 8060 AUTORIKSHAW D.L.NO.3558/87, BADGE NO.2754/88). 3. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.529 JAIL ROAD, CALICUT 673 002 (INSURER OF KL-11/8060 AUTORIKSHAW, POLICY NO.570301/31/63/93/04231. CERTIFICATE NO.IZ 400/4905/93). ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1504 OF 2004 --------------------------------- Dated this the 21st day of November, 2008 JUDGMENT This appeal is preferred against the award of the First Additional Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1259/95. The claimant, a 26 year old man claimed to be a fitter, sustained injuries in a road accident. The tribunal awarded a compensation of Rs. 23,529/-. 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 the Insurance Company. A perusal of the award would reveal that the claimant had sustained fracture on both bones of the left forearm and he was treated as inpatient in the Medical College Hospital from 6.10.94 to 13.10.94 and had to undergo a surgery. Nailing was also done. Subsequently he was re-admitted in the Medical College Hospital from 15.8.95 to 18.8.95. He had expended Rs. 4,329/- for treatment. The learned counsel would contend that actual loss of earning should be granted till 18.8.95. I cannot agree with that submission for the reason, just because the implantation has been removed at a later stage, it does not prevent him from doing any work through out that period. Considering the fact that M.A.C.A. 1504/2004 -2- he is a fitter by profession and that he has to use his hands and fracture on both bones of the forearm, would have prevented him from doing any work for a period of 5-6 months, so for two months further loss of earning, I award an amount of Rs. 2,500/-. It is true that the claimant has not produced any disability certificate. But the fact remains regarding the compound fracture implantation and a surgery to be done after one year for removal of the same. So when a foreign body was inserted to her body certainly it would have caused difficulties and there would have been temporary disablement and loss of amenities and enjoyment. I enhance the compensation by Rs. 3,250/- under that head. Thereby the claimant is entitled to get an additional compensation of Rs. 5,750/-. In the result, the M.A.C.A. is partly allowed and the claimant is entitled to get an additional compensation of Rs. 5,750/- with 7.5% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm