IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 MACA.No. 1638 of 2008() ----------------------------------- OPMV.3448/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN O.P(MV) --------------------- K.ALI, S/O.MAMMEDKOYA, AGED 38 YEARS, MANALODIKUNI HOUSE, P.O.EDAKULAM, VIA KOYILANDY, CALICUT. BY ADVS. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN O.P.(MV) ------------------------- 1. T.K.PRAKASAN, S/O.ANANDAN, THOTTAMKANDI VEEDU, P.O.KOTALUR, KOYILANDY, VATAKARA, CALICUT. 2. DINESAN, S/O.CHANDAPPAN, AGED 37 YEARS, ARIYATTUKUNI VEEDU, P.O.KAKKODI, CALICUT. 3. UNITED INDIA INSURANCE CO.LTD, KALLINGAL BUILDING, VATAKARA. R3 BY ADV. MR.UNNI. K.K. (EZHUMATTOOR) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1638 OF 2008 ............................................. Dated this the 20th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.3448/2002. The claimant, a 32 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.3,000/=. 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. The learned counsel had made available before me for perusal a copy of the wound certificate issued by the hospital which would show that there was a compressed fracture of L1 and blackness on the right eye. It is admitted that he was treated as an inpatient in a hospital for 5 days. The First Information Statement recorded by the police also would show that he had an injury on the back and he had put a belt and besides that there is blackness on the right eye. It is very clear that it is a case of compressed fracture of L1 vertebra. When it is so, the : 2 : M.A.C.A.No.1638 OF 2008 amount awarded is grossly inadequate. Therefore, I proceed to recalculate the compensation. Being a fish vender by profession and he had sustained a fracture of the vertebra, taking the income at Rs.2,000/= for two months, I award Rs.4,000/= towards loss of earnings. Towards medical expenses considering the inpatient treatment for 5 days, I award Rs.1,000/=. Rs.500/= each is granted for bystander's as well as extra nutritious food. An amount of Rs.7,000/= is awarded towards pain and sufferings. When a person sustains a fracture of the back, that is vertebra, it will cause him problems for at least a considerable length of time and therefore, I award Rs.3,000/= towards loss of amenities and enjoyment in life, making a total compensation of Rs.16,000/= out of which Rs.3,000/= has been awarded. So, the claimant is entitled to an additional compensation of Rs.13,000/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,000/= with 7.5% interest from the date of the petition till realisation and the respondent insurance company is : 3 : M.A.C.A.No.1638 OF 2008 directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl