IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 M.A.C.A.No. 4 of 2006(A) -------------------- O.P(MV).2762/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER IN M.V.O.P.: PRAKASAN, AGED 37 YEARS, S/O.RAMAN, MEKKARA HOUSE, THEKKUMPADOM, PATTIKKAD, THRISSUR. BY ADV. SRI.U.O.JOSE RESPONDENTS/ RESPONDENTS IN M.V.O.P: 1. DIXON MATHEW, NELLIPARAMBIL HOUSE, P.O.MULAYAM, VALAKKAVU, THRISSUR DISTRICT. 2. SUDHI.P.V. S/O.VELAYUDHAN, PULLORKUDI HOUSE, CHEENIKKADAVU, NEAR KANNARA, THRISSUR DIST. 3. THE UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, KURUPPAM ROAD, THRISSUR. BY ADV. SRI.P. SANKARANKUTTY NAIR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ------------------------- M.A.C.A.No. 4 OF 2006 ------------------------------------------ Dated this the 30th day of June, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thrissur in O.P.(MV) No. 2762/2000. The petitioner is a contractor aged 32 years, sustained injuries in a road accident whereby he had a fracture and also mobility of the death. He had spent about Rs. 25,000/- for medical expenses and was treated as inpatient in the hospital for 12 days. I am informed that the fracture sustained is on the meta-carpel. The Tribunal took the income at Rs. 2500/- and awarded the compensation. Generally, Tribunal has awarded compensation properly but considering the length of treatment and the seriousness of the injuries Tribunal should have granted Rs. 10,000/- at least for pain and sufferings instead of Rs. 7,000/- and Rs. 8,000/- towards loss of amenities and enjoyment of life instead of Rs. 6,000/-. So the compensation awarded for permanent disability on the basis of 3% for the fracture of meta-carpel appears to be proper even going by the schedule to the Workmen's Compensation Act. Therefore I hold that the M.A.C.A.No. 4/2006 2 claimant is entitled to additional compensation of Rs. 5,000/-. In the result, MACA is partly allowed and the claimant is awarded additional compensation of Rs. 5,000/- with 7% interest from the date of petition till realisation and the 3rd respondent , Insurance Company is directed to deposit the amount within sixty days from the date of receipt of the copy of the judgment. M.N. KRISHNAN, JUDGE vkm