IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 M.A.C.A.No. 2067 of 2005(C) ----------------------- OPMV.857/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/CLAIMANT: ----------------------------------- BILLI, S/O.CHATHAN, ELAMANNIL HOUSE, KOTTEPADAM, CHUNGATHARA POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. N.NARAYANAN, S/O.NEELANDAN, TAVAKULAM HOUSE, CHOORAKANDI, UPPADA POST, NILAMBUR, MALAPPURAM. 2. M.UMADEVI, W/O.MADHAVAN, MADHAVI SADAN HOUSE, CHUNGATHARA POST, NILAMBUR, MALAPPURAM. 3. M/S.UNITED INDIA INSURANCE COMPANY LTD., A.M.BUILDING, HOSPITAL ROAD, NILAMBUR, MALAPPURAM. BY ADV. SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 2067 OF 2005 ------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri in O.P.(M.V) No. 857/01. The claimant, a 57 year old man sustained fracture of the metatarsal, lacerated wound on left foot coupled with swelling. He was treated as inpatient in the hospital for 3 days. The Tribunal awarded him a total compensation of Rs. 8,550/-. A fracture even on the metatarsal may affect the working capacity of a man, especially a labourer and therefore I award him Rs. 1,500/- towards loss of earning. When a man sustained a fracture on the foot certainly it will handicap him in his day to day activities as well as loss of amenities and enjoyment in life. I award a sum of Rs. 2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs. 3,500/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 3,500/- with 6% M.A.C.A.No. 2067/2005 -2- interest on the said sum from the date of petition till realisation. The respondent Insurance Company is directed to deposit the amount within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm