IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 MACA.No. 3171 of 2009(A) ------------------------------- OPMV.1185/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIOENR -------------------------------- CHANDRAN,AGED 65 YEARS, S/O.KRISHNAN PANGHAYIL HOUSE, NEAR PETROL PUMP URAKAM, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS ------------------------------------- 1. SURESH,S/O.SUNDARAN, MANGURISSY HOUSE, PERAMANGALAM P.O., PURANATTUKARA, THRISSUR DISTRICT 680554. 2. NATIONAL INSURANCE COMPANY LIMITED IRINJALAKUDA BRANH, IRINJALAKUDA, TRICHUR 680121,POLICY NO.570701/31/05/62/000780. ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3171 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of June, 2010. 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)1185/06. The claimant sustained a fracture on the fibula and has been awarded a consolidated amount of Rs.12,000/-. It is against that decision the claimant has come up in appeal. There is also a direction to recover the amount from the owner. 2. Heard the learned counsel for the appellant as well as the insurance company. The claimant is a retired ex- serviceman aged 65 years. A perusal of paragraph 8 of the award would reveal that he had sustained lacerations in the leg and also a fracture on the lower 1/3rd of the right fibula. Smell of alcohol was also present. There is nothing forthcoming before the Court to show that he had some other work but being an ex-serviceman certainly he would have got engaged by doing some work. Therefore I proceed M.A.C.A. 3171 OF 2009 -:2:- to recalculate the compensation as follows. For two months loss of earnings I award Rs.4,000/-, towards medical expenses I award Rs.1,000/-. Rs.1,000/- is granted towards extra nourishment and other expenses. Rs.8,000/- is granted for pain and sufferings and Rs.4,000/- is granted towards loss of amenities and enjoyment in life thus making a total compensation of Rs.18,000/- out of which Rs.12,000/- has been awarded. Since there was no driving licence there was right to recover it also has to be upheld. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 8% interest on the said sum from the date of petition till realisation and the 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 and further it is given the right to recover the said amount also from the owner cum driver. M.N. KRISHNAN, JUDGE. ul/-