IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No. 56 of 2004() --------------------- OPMV.1622/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ----------------- M.M.LATHEEF, CHERUPURATH HOUSE, MANARCADU, KOTTAYAM. BY ADV. SMT.MINI ELIZABETH GEORGE SMT.BETTY K.ALUKKA RESPONDENTS: ------------- 1. P.S.KASIM, PULIMOOTTIL HOUSE, KANJIRAPPALLY. 2. PRASAD S/O. RAJASEKHARAN, PUTHENPARAMBIL HOUSE, THAMPALACKADU, KANJIRAPPALLY 3. UNITED INDIA INSURANCE CO. LTD., KOTTAYAM DIVISION, REPRESENTED BY ITS DIVISIONAL MANAGER. BY ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------------------------------- M.A.C.A No.56 of 2004 ---------------------------------------------- Dated 11th June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) No.1622/96. The Tribunal awarded a compensation of Rs.5,500/-. It is against the said decision, the claimant has come up in appeal. 2. Learned counsel for the appellant had referred to Ext.A3 discharge card, and made available a photocopy of the same for perusal. It is seen that there was a fracture of the 6th rib and a very slight wound in the clavicle. Strapping with adhesive plaster was done. It appears to be true because it can be seen from the wound certificate itself that he had tenderness on the right side of the chest. The Tribunal has failed to consider it and therefore, the claimant is entitled to additional compensation as follows :- He has been given only Rs.1,000/- towards loss of earnings. It is certain that he would not have been in a position to do any work for two months and therefore, enhance the same by Rs.2,000/-. Towards pain and suffering I award a further sum of MACA NO.56/2004 2 Rs.2,000/-. Certainly, there would have been somebody with the claimant during the period he was hospitalized, for nine days and the claimant would have taken some nutritious food. His clothing also would have been damaged. I award Rs.1,000/- under that head. Thus, the claimant is entitled to an additional compensation of Rs.5,000/-. In the result, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of the petition till realization. The respondent Insurance Company is directed to deposit the said amount within 60 days from the date of receipt of a copy of a copy of the judgment. M.N.KRISHNAN, JUDGE. tgs M.N.KRISHNAN, J. ---------------------------------------------- M.A.C.A. No.56 of 2004 ---------------------------------------------- J U D G M E N T Dated 11th June, 2008.