IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 433 of 2005() ---------------------- OPMV.496/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT:PETITIONER: --------------------------------------- T.G.REJI, S/O.GOVINDAN, THANNIMALAYIL HOUSE, KALLARKUTTY (P.O). BY ADV. SRI.N.ANILKUMAR RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. SURESH.D., S/O.DIVAKARAN, VAKKAMATTATHIL 200 ACRE, ADIMALI. 2. V.S.DIVAKARAN, KAKKAMATTATHIL 200 ACRE, ADIMALI. 3. UNITED INDIA INSURANCE, MUNNAR. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.433 OF 2005 ===================== Dated this the 17th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)No.496/2002. The claimant, a toddy tapper by profession sustained lacerated injuries on the shoulder besides a communited fracture on the left leg. He was treated as an inpatient in the hospital from 10.3.2002 to 19.3.2002 The Tribunal fixed his income at Rs.2,000/- and awarded a total compensation of Rs.17,335/- inclusive of medical expenses. It is against that decision the present appeal is filed. 2. When a person's leg suffers from a communited fracture necessarily he may be away from his work at least for a period of 3 months. The Tribunal has only granted 1 month's loss of earning and therefore I increase the loss of earning by Rs.4,000/-. The Tribunal has awarded Rs.10,000/- towards loss of amenities and pain and suffering. It can be seen that the claimant was an inpatient in the hospital for 9 days and he had a communited fracture and therefore he would have been deprived of his MACA 433/2005 -:2:- amenities and enjoyment for a consideration length of time. I enhance that compensation by Rs.5,000/-. 3. Learned counsel would submit that he had produced Ext.A7 series bills and the Tribunal has rejected them on the ground that AMVI's report of the vehicle is not produced. It is a fact that the vehicle had sustained damages in the accident and the mere non-production of the AMVI's report shall not be a ground to reject the claim. Therefore, I award a consolidated sum of Rs.2,000/- towards damage to vehicle. Therefore the claimant is entitled to an additional compensation of Rs.11,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,000/- with 6% 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. The prayer for withdrawal of the amount may be considered sympathetically. M.N.KRISHNAN, JUDGE Cdp/-