IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 MACA.No. 1184 of 2009() ------------------------------------ OPMV.28/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ MUHAMMED, AGED 43 YEARS, S/O. SAINUDHEEN, VELLIKKULATH HOUSE, P.O. ATHIYODE, KOORACHUNDU – 673 527. BY ADV. MR.K.M.FIROZ RESPONDENT(S): RESPONDENT ------------------------- 1. A.T. JOSEPH, S/O. THOMAS, ATHIYODE, ATHIYODE, KAVUNGAL, CALICUT 673 527, 2. POOVATHUMMUTTIL JOHNSON, S/O. JOSE, KOORACHUND AMSOM, ATHIYODE, CALICUT-27. 3. THE NEW INDIA ASSURANCE CO. LTD., TRIPURI BUILDING, EAST NADAKKAVU, CALICUT. R3 BY ADV. SMT.A.SREEKALA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1184 OF 2009 ............................................. Dated this the 21st day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.28/2000. The claimant, a 36 year old Mason by profession, sustained injuries in a road accident and he has been awarded a compensation of Rs.6,000/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of Para 9 of the award would reveal that the claimant had sustained a lacerated wound 2x1 cm in front of right knee and abrasion on both hands and legs. X-ray revealed that he had a slight fracture on the neck of the fibula and he was treated as an inpatient in a hospital for 5 days. I proceed to fix the compensation as follows: 3. Being a Mason by profession, the fracture sustained would have prevented him from doing work for 6 weeks and therefore I award Rs.3,000/= under the head of loss of : 2 : M.A.C.A.NO.1184 OF 2009 earnings and towards treatment expenses, by stander's expenses, nutritious food and damage to clothing etc I award a sum of Rs.1,000/=. Towards compensation for pain and sufferings, an amount of Rs.5,000/= is awarded and certainly the injury would have caused him loss of amenities and enjoyment at least for a short period, for which I award Rs.3,000/= making a total compensation of Rs.12,000/=, out of which Rs.6,000/= has been awarded. 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7.5% interest on the said sum from the date of the petition till realisation and the 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 : 3 : M.A.C.A.NO.1184 OF 2009