IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 1764 of 2008() ----------------------- OPMV.226/1999 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER ---------------------------- P.T.ABOOBACKER, AGED 37 YEARS, S/O.LATE KUNHIPOCKER, THOTTATHIL HOUSE, P.O.CHELAMBRA, MALAPPURAM DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/ RESPONDENTS -------------------------- 1. P.S.ABDURAHIMAN, S/O.KOYALI, PULIYALAI, THERKULATHU HOUSE, P.O.CHELEMBRA, MALAPPURAM DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, UPHILL, MALAPPURAM. ADV. SMT.T.C.SOWMIAVATHY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1764 OF 2008 --------------------------------- Dated this the 11th day of November, 2008 JUDGMENT This appeal is preferred against the award of the II Additional Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.226/1999. The claimant, a 24 year old man, sustained injuries in a road accident and he has been awarded a compensation of Rs. 23,350/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard counsel. A perusal of para 7 of the award would reveal that claimant had sustained extensive abrasion 20 x 10 cm on the forearm and he had a fracture on the forearm left and lacerated wound on the anterior aspect of forearm left. He had lacerated wound on knee, right hand and abrasions on the right knee. He was treated in the Medical College Hospital, Kozhikode as inpatient from 11.10.97 to 19.11.97. There the fracture has been confirmed and it is also written there that the wound was grossly contaminated. He had undergone treatment successively up to 21.3.97 and thereafter also, ultimately even in 1998 November. It can also seen from the endorsement dated 28.1.98 that there is M.A.C.A. NO. 1764/2008 2 some displacement of the ulna. So I feel that some additional compensation has to be granted in this case as follows: For an inpatient treatment of 38 days the medical expenses granted is only Rs. 500/-. It is totally inadequate and thereby I enhance it to Rs. 1,000/-. Since he has continued treatment for more than six months. He would not have been do any work for six months and therefore I grant another sum of Rs. 5,100/- towards actual loss of earning. This would have certainly caused him temporary disablement and certainly loss of amenities because the wound were contaminated and the fracture took a long time for union. He continued treatment at least for a year and therefore I award an amount of Rs. 5,000/- towards loss of amenities. Thus the claimant will be entitled to get an additional compensation of Rs. 11,100/-. In the result, the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 11,100/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm