IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 1221 of 2010() ----------------------------- OPMV.1353/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER --------------------------------- SURENDRAN, S/O.GOPALAKRISHNAN, THRIKKEKAROTTU HOUSE, NOW RESIDING AT MEVELLOOR KARA, VELLOOR VILLAGE. BY ADVS. SRI.T.K.KOSHY SRI.T.A.RAJAN SMT.V.V.RISANI RESPONDENT(S)/RESPONDENTS 1 TO 3 ----------------------------------------------- 1. MOHANAN, S/O.KUMARAN, POOVATHINCHOTTIL(H), MANOJ BHAVAN, III/500, VELIYANAD P.O., MULANTHURUTHY. 2. TOMY VARGHESE, KUMAMTHARA (H), POOCHAKKAL P.O., CHERTHALA. 3. THE UNITED INDIA INSURANCE CO. LTD., CITY BRANCH OFFICE, COCHIN. R3 BY ADV. SRI.S.ARUN RAJ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1221 OF 2010 ............................................. Dated this the 13th day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.1353/2005. A 42 year old tanker lorry driver sustained injuries in a road accident and he has been awarded a compensation of Rs.57,262/= of which Rs.34,962/= represents the medical expenses. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had abrasions over the foot elbow joint and lacerated wound on the big toe. He had swelling on the left ankle which on radiological examination confirmed fracture of bimalleolus of the left ankle. He was admitted on 28.4.2004 and discharged on 10.5.2004 with internal fixation. Again he was readmitted on 24.9.2008 and discharged on 28.9.2008. A considerable amount has been spent for the treatment. The accident had taken place in : 2 : M.A.C.A.NO.1221 OF 2010 the year 2004 and it can be seen that by profession he is a tanker lorry driver. Taking into consideration the nature of the injuries and the kind of job, it is certain that he would not have been in a position to do the work for a period of 6 to 8 weeks. I award him an amount of of Rs.3,000/= towards loss of earnings. He had undergone treatment for a considerable length of period and therefore towards bystander's expenses, I grant him Rs.500/=. He had been in the hospital as inpatient on two occasions and certainly on account of the fracture of the ankle, he would have required the assistance even in his residence for his day to day affairs. Therefore I award Rs.1,000/= towards bystander's expenses. The Tribunal has granted Rs.12,000/= for pain and sufferings. I feel Rs.3,000/= more can be granted considering the nature of injury and prolonged treatment undergone. Certainly this would have been caused temporary disability, loss of amenities towards which, I grant Rs.5,000/= thereby entitling the claimant to have an additional compensation of Rs.12,500/=. 3. In the result, the MACA is partly allowed and the : 3 : M.A.C.A.NO.1221 OF 2010 claimant is awarded an additional compensation of Rs.12,500/= with 7.5% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.1221 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T