IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 37 of 2007(A) ---------------------------------- OPMV.416/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER : -------------------------------------- K.V. KRISHNAN, S/O. VELAYUDHAN, KODIMATTATHIL HOUSE, EDAKKATTUVAYAL P.O., ERNAKULAM DISTRICT. BY ADV. SRI.T.K.KOSHY SRI.T.A.RAJAN RESPONDENTS/RESPONDENTS 2 & 3 : ------------------------------------------------------ 1. BIJU THOMAS, MADATHIMALIL HOUSE, EDAKKATTUVAYAL P.O., ARAKKUNNAM, ERNAKULAM DISTRICT. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE (761002), OPP: NEW MUNICIPAL BUS STAND, THRIPPUNITHURA-682 301. (NO RELIEF IS CLAIMED AGAINST R1 BEFORE THE COURT BELOW AND HENCE HE IS NOT ARRAYED AS A RESPONDENT IN THE APPEAL). BY ADV. SRI.LAL GEORGE - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 37 OF 2007 --------------------- Dated this the 16th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Addl. Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 416/98. The claimant, an auto driver by profession, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.9,950/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the counsel for both sides. Learned counsel had made available before me a certificate issued by Varsha Nursing Home, which indicates that the claimant had sustained fracture of the 9th rib in the midaxillary line. He was treated in the Govt. Hospital and subsequently in the private nursing home. He would not have been in a position to do any work for a period of two months. Being an auto driver by profession, there is nothing wrong in fixing his income at Rs.1,500/- per mensum. Therefore, I enhance the actual loss of earning by Rs.1,750/-. The Tribunal has not granted any amount towards medical expenses. It is true that medical bills were MACA No.37/07 2 not produced. But the fact remains that he had undergone treatment in two hospitals. Taking into consideration that aspect, I award a compensation of Rs.1,000/- towards medical expenses. A fracture of the rib requires prolonged rest for recouping and certainly there would have been loss of amenities and enjoyment in life. The Tribunal has only granted an amount of Rs.1,250/- for the same, which I enhance it by another Rs.1250/-. Therefore, the claimant will be entitled to an additional compensation of Rs.4,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.37/07 3