IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 MACA.No. 3073 of 2008() ------------------------------------ OPMV.164/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ------------------------ SIVAMANI, AGED 39 YEARS, S/O.KRISHNAN PUTHAN VEEDU, PATTIPARAMBU, NOW RESIDING AT VALLIPULAKKAL HOUSE, THOTTAKARA POST,OTTAPALAM BY ADVS. MR.R.SREEHARI MR.RANJIT SREENIVAS RESPONDENT(S): RESPONDENT ------------------------- 1. MANIKANDAN, AGED 38 YEARS, S/O. SETHUMADHAVAN, PALLIPETTA HOUSE, PATTIPARAMBU POST, THIRUVILLAMAMAL, THRISSUR DISTRICT (DRIVER OF THE AUTORICKSHAW NO.KL 10A 4466) 2. V.S.PURUSHOTHAMAN S/O.SUBRAMANIAN, 3/129, VADAKKETHIL HOUSE, PATTIPARAMBU POST, THIRUVILAWAMALA THRISSUR DISTRICT (OWNER OF THE AUTO NO.KL 10A 4466) 3. THE NEW INDIA ASSURANCE CO.LTD BRANCH OFFICE, JRJ COMPLEX, OTTAPALAM (POLICE NO.761103/ 31/04/05867 VALID FROM 28-0904 TO 27-092005) R3 BY ADV. MR.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3073 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)164/05. The Tribunal has awarded a compensation of Rs.24,050/- and it is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for both the sides. A perusal of the award would reveal that the claimant, a carpenter by profession got involved in an accident and was treated in the hospital on two occasions for a period of three days each and that he had sustained a fracture on the right clavicle. At the time of initial admission itself it is seen that he had a fracture of the clavicle which was displaced as well. Corrective surgeries were also done and the evidence of CW1 would reveal that even in 2005 February, the fracture was only uniting. It is true that the Tribunal did not accept Ext.A14 certificate though the Doctor was examined and the M.A.C.A. 3073 OF 2008 -:2:- evidence of the Doctor, CW1 would reveal that there was no neurological defect and in normal cases there would not be any disability for any clavicular fracture. But it has to be stated that the injury has taken place on the clavicular portion for a carpenter. His profession requires severe physical exertion with hands. A strong shoulder is a real necessity for a good carpenter and continuous use of hand with a fractured had may cause difficulties to him in the day- today activities as well. Being a carpenter by profession I fix the income as Rs.3,000/- per month and as he was not able to do any work for three months, he is entitled to Rs.4,000/- more as additional compensation towards loss of earnings. Towards pain and sufferings, considering the fact that he had undergone surgery and review subsequently and continuous treatment I allow a further sum of Rs.2,000/-. Certainly this fracture would have caused him some difficulty at least for a period of one year at the rate of 10% for one year. Fixing the income at Rs.3,000/- per month he will be entitled to an amount of Rs.3,600/-. As stated by me earlier a carpenter M.A.C.A. 3073 OF 2008 -:3:- had suffered a fracture of the clavicle which will certainly affect use of his hand and it will be very painful also. So towards loss of amenities and enjoyment I grant an amount of Rs.3,000/- thereby entitling him to get an additional compensation of Rs.12,600/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,600/- with 8% interest on the said sum from the date of petition till realisation and the respondent 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. M.N. KRISHNAN, JUDGE. ul/-