IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 1421 of 2004() ----------------------- OPMV.694/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- KARUNAKARAN, S/O. SIVARAMAN, CHOZHAMKUZHIYIL HOUSE, LEKSHAMVEEDU COLONY, KUMARAMANGALAM P.O., THODUPUZHA. BY ADV. SRI.JOHN VARGHESE SRI.T.SAJI RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. RAJAN, S/O. MADHAVAN, THADATHIL HOUSE, KAVANA, VAZHAKULAM P.O., MUVATTUPUZHA. 2. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MUVATTUPUZHA. BY ADV. SRI.P.V.JYOTHI PRASAD - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1421 OF 2004 = = = = = = = = = = = = = = = Dated this the 7th 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, Muvattupuzha in O.P.(MV)694/00. The claimant, a coolie by profession sustained injuries in a road accident, i.e., fracture of the humerus and he has been awarded a compensation of Rs.9,150/-. It is against that decision the claimant has come up in appeal. 2. Heard counsel for the appellant as well as the insurance company. It is seen that the claimant was treated in a private hospital for fracture of the tuberosity of right humerus and complaint of pain over neck, chest and knees. He was inpatient in the hospital for six days. The Tribunal has only awarded him loss of earnings for one month. When a labourer's right hand is injured that too with a fracture, certainly he would not be able to do any work for a period of two months. Therefore I enhance the compensation by Rs.1,500/-. He is a resident of vazhakulam and he was M.A.C.A. 1421 OF 2004 -:2:- treated at Thodupuzha. He had visited hospital for more than one occasion. Therefore I enhance the expenses towards transportation by Rs.250/-. Similarly, he is entitled for damages to clothing, bystander's expenses and extra nourishment. Towards the three, I award a consolidated sum of Rs.850/-. The Tribunal has only granted Rs.5,000/- towards pain and sufferings and Rs.1,000/- towards loss of amenities. Certainly, from the materials available and the nature of injuries sustained I find that an amount of Rs.2,000/- each has to be enhanced under the head of pain and sufferings as well as for loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.6,600/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,600/- with 7% interest on the said sum from the date of 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.A.C.A. 1421 OF 2004 -:3:- It is made clear that the Tribunal shall sympathetically consider the prayer for withdrawal. M.N. KRISHNAN, JUDGE. ul/-