IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 223 of 2005() --------------------------------- (AGAINST O.P(MV) NO.1095 OF 1993, MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA) APPELLANT/PETITIONER ------------------------------------- DEVAN M.C., S/O.UNNICHECKAN, MARATH HOSUE, AZAD ROAD, IRINJALAKUDA, PIN-680 125. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: RESPONDENTS ------------------------------------------ 1. IBRAHIM, S/O.MOHAMMADUNNI, PULICKAL HOSUE, KADAPURAM VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. HUSSAIN, C/O.ABDUL RAHMAN, KADAVIL HOUSE, KADAPURAM HOUSE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., "C" SHAPE BUILDING, 2ND FLOOR, KUNNAMKULAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 223 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1095/93. The claimant, a welder aged 23 years sustained injuries in a road accident whereby he had a fracture on the right humerus. The Tribunal awarded him a compensation of Rs.29,360/-. Dissatisfied with the said amount the claimant has come up in appeal. 2. Heard the counsel for both sides. A perusal of the award would show that the claimant had a lacerated wound on the ankle joint and fracture on the right humerus. A disability certificate was produced showing the permanent disability at 6%. The Tribunal accepted the disability certificate fixed the monthly income at Rs.1,500/- and proceeded to decide the compensation. Learned counsel would contend that the Tribunal was not right in granting M.A.C.A. 223 OF 2005 -:2:- only one month's loss of earning. It can be seen that the claimant had sustained a fracture on the humerus and he was a welder by profession. It is certain that he would not be in a position to do any work for a period of three months as contended by the learned counsel. Therefore I enhance the compensation for actual loss of earnings by Rs.3,000/-. The Tribunal has only awarded a sum of Rs.5,000/- towards pain and sufferings. His hand was in plaster cast for almost a period of 8 to 10 weeks and therefore he would have suffered pain as well as agony and therefore I award him a sum of Rs.2,000/- as additional compensation for pain and sufferings. On all other heads the Tribunal has awarded just, reasonable and proper compensation. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 6% interest on the said sum from the date of M.A.C.A. 223 OF 2005 -:3:- 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. M.N. KRISHNAN, JUDGE. ul/-