IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 1153 of 2008(C) --------------------------------- OPMV.1317/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER : -------------------------------- BIJU PETER, S/O. PETER, C/O. BABU, KOLAMKKANNY HOUSE, OLLUR.P.O, VARRIER LANE, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SUDHEER, S/O. MAJEED, PATHUMADAM HOUSE, MATTATHUR.P.O, THRISSUR. 2. RAMAN ADITHIRIPAD, KAIMUKKU MANA, MATTATHUR.P.O, THRISSUR. 3. UNITED INDIA INSURANCE CO. LTD., ALENGADAN BUILDINGS, TANA, IRINJALAKUDA, (POLICE NO. 100605/31/05/06209 VALID FROM 14/10/2005 TO 13/10/2006) ADV. SRI.P.SANKARANKUTTY NAIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1153 OF 2008 --------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ottapalam, in OP(MV) 1317/05. The claimant, aged 29 years a jeep driver by profession, sustained injuries in a road accident. A perusal of the wound certificate would reveal that the claimant had sustained swelling on the ankle which resulted in fracture of the calcanium. It is stated that he was treated as inpatient in the hospital and the Tribunal awarded a global amount of Rs.6,000/-. It is against that decision, the claimant has come up in appeal for enhancement of compensation. 2. It is true that no other materials are made available to show that how long he was treated in the hospital and as to whether there was any complications on account of the injury sustained in the accident. Still if the compensation is worked out, he may be entitled to get some additional compensation. Being a fracture on the calcaneum and as his profession is that of a driver, I grant him a sum of Rs.2,000/- towards loss of earning and Rs.1,000/- towards treatment expenses. Calcaneum is the largest of the tarsal bones MACA No. 1153/08 2 and when a fracture is sustained there, it would be painful to put the leg. Therefore, I award him Rs.5,000/- towards pain and suffering. Certainly, on account of the same, there would be loss of amenities and enjoyment in life for the claimant. I grant a sum of Rs.2,000/- under that head. Thus, the claimant will be entitled to a compensation of Rs.10,000/- out of which Rs.6,000/- is already awarded thereby entitling the claimant to a sum of Rs.4,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1153/08 3