IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 657 of 2006() -------------------------------- OPMV.268/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER ------------------------------------- VARKEY, S/O.KOMARAN, KURISUMMOOTTIL HOUSE, CHAKKAMPUZHA P.O., CHAKKAMPUZHA KARA, VELLILAPPALLY VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. JOBIN K.THOMAS, S/O.THOMAS, ABRAHAM, KARACKATTU HOUSE, RAMAPURAM BAZAR P.O. 2. THE NATIONAL INSURANCE CO. LTD., PALA. BY ADV. SRI.P.C.HARIDAS - R1 SRI.GEORGE CHERIAN (THIRUVALLA) - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 657 OF 2006 --------------------- Dated this the 16th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 268/03. The claimant aged 55 years a worker sustained injuries in a road accident. He had sustained fracture of the meta carpel and there were contusions and multiple abrasions on many parts of the body. He was treated as inpatient for 3 days. The Tribunal awarded a compensation of Rs.3,200/-. It held that the Insurance Company has to pay the amount and get it reimbursed from the owner cum driver namely the 1st respondent. It is against that decision the present appeal is preferred by the claimant. 2. Heard the counsel for both sides. It can be seen from the award that the Tribunal has not taken note of the fracture that had been sustained by the claimant. When there is a fracture on the hand, one would not be able to do the work, even if it is a meta carpel, for a period of one month. Therefore, I enhance the compensation for loss of earning by Rs. 1,500/-. Similarly on account of the various contusions, abrasions and fracture, he would MACA No.657/06 2 have suffered pain and therefore, I increase the compensation for pain and suffering by Rs.1,500/-. There would have been loss of amenities and enjoyment in life on account of the fracture especially the fracture being on the right hand at least for a temporary period. I award an amount of Rs.1,000/- under that head. The appellant will be entitled to an additional compensation of Rs.4,000/-. As ordered by the Tribunal, let the Insurance Company pay the amount first and get it recovered from the owner. In the result, the MACA is partly allowed and the claimant is awarded 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 60 days from the date of receipt of a copy of this judgment and then get it reimbursed from the 1st respondent by way of execution. M.N.KRISHNAN, JUDGE vps MACA No.657/06 3 MACA No.657/06 4 MACA No.657/06 5