IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 1425 of 2004(B) ----------------------- OPMV.330/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- R. CHELLAYYAH, PUTHUPPARAMBIL HOUSE, POOCHIMUKKU, PERUNNAI, CHANGANACHERRY. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SANTHI. N., W/O. NARAYAN, HOUSE NO.29/1276, SREEKARPAKOM, VYTTILA, COCHIN. 2. SETHUNATH, S/O. PRABHAKARAN NAIR, EDAYATHU HOUSE, VENGOLA, NEAR BADHANI CROSS, PERUMBAVOOR. 3. NEW INDIA ASSURANCE CO.LTD., KOTTAYAM. BY ADVS. SRI.M.RAJAGOPALAN FOR R3 SRI.RAJIT FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1425 OF 2004 --------------------- Dated this the 12th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 330/96. The claimant sustained injuries in a road accident that took place in 1995. He had sustained a crack fracture of the tibia and fibula. The Tribunal awarded him a compensation of Rs.18,200/-. It is against that decision, the present appeal is preferred by the claimant for enhancement. 2. Heard both sides. The Tribunal’s award would reveal that Ext.A8 disability certificate was produced which indicated that the claimant had a temporary disability atleast for a period of four months. The Tribunal also confirmed the finding that there had been a crack fracture of the tibia and fibula. The Tribunal awarded Rs.10,000/- for pain and suffering, Rs.2,200/- for medical expenses, Rs.3,000/- towards loss of amenities and enjoyment in life and Rs.3,000/- for transport and extra nourishment. 3. When a person sustains a crack fracture of both bones of the leg, certainly there would be temporary disability and loss of MACA No. 1425/04 2 amenities to him. He would not have been in a position to do the work which he was actively doing before, atleast for some period and certainly it would have prevented and restricted his movements. Therefore, I feel this is a fit case where under the loss of amenities an additional amount of Rs.6,000/- has to be awarded. Therefore, the claimant will be entitled to an additional compensation of Rs.6,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- 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. M.N.KRISHNAN, JUDGE vps MACA No. 1425/04 3