IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 MACA.No. 1252 of 2009() ------------------------------------ OPMV.3263/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ---------------------- P.K.RAVI, S/O.KESHAVAN, PONMANI HOUSE, GANDHI NAGAR, KOCHI-20. BY ADVS.MR.P.A.BAHULEYAN MR.K.A.SEBASTIAN RESPONDENT(S): RESPONDENT ------------------------ 1. RAFI METHER, DIRECTOR, M/S.METHER PROJECTS & CONSTRUCTIONS LTD., METHER SQUARE, RAILWAY STATION ROAD, ERNAKULAM NORTH. 2. JAMES C.P., S/O.C.P.PAILY, CHULLIYATHARA HOUSE, AMBUNADU, EDATHALA P.O. 3. THE UNITED INDIA INSURANCE CO.LTD., LAYAM ROAD, THRIPUNITHURA. R3 BY ADVS. SMT.P.A.REZIYA, SMT.M.LALITHA NAIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1252 OF 2009 ............................................. Dated this the 2nd day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.3263/2003. The claimant, a 45 year old man alleged to be working in Hindustan Lever, sustained injuries in a road accident, as a result of which he had sustained a fracture of the clavicle and he has been advised to undergo open reduction. The Tribunal initially considered the question and granted a compensation of Rs.36,700/= and subsequently reduced it to Rs.26,112/=. It is aggrieved by that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the insurance company as well as the appellant. The learned counsel would contend that the Tribunal had erred grossly in not allowing the proper compensation. A perusal of Para 7 of the award would reveal that the claimant sustained fracture of left clavicle broken into 4 segments. He was initially admitted in the Medical Trust Hospital, Ernakulam from where he : 2 : M.A.C.A.No.1252 OF 2009 refused to undergo surgery and so he was discharged and he had gone to S.N. Medical Centre for ayurvedic treatment. He was an inpatient there from 27.6.1996 to 23.7.1996 and spent about Rs.9,200/= towards medical expenses. It is on the basis of this, the compensation has to be awarded. The compensation is recalculated as follows: 3. The claimant is residing in Gandhinagar and he had undergone treatment at Tripunithura and I grant a sum of Rs.250/= towards transport expenses. Towards damage to clothing, Rs.300/= is granted. Towards medical expenses, an amount of Rs.9,200/= is granted . As he was in the hospital for almost 25 days, I am granting Rs.1,500/= towards bystander's expenses. Towards loss of earnings, I award a sum of Rs.6,000/= as the Tribunal has found that he had a loss of earnings for two months. Towards pain and sufferings, I award a sum of Rs.12,000/=. It is seen that clavicle fracture was not an ordinary clavicle fracture but it was cut into segments and he had undergone a prolonged treatment in the ayurveda hospital and therefore considering those facts, I grant a sum of Rs.7,000/= : 3 : M.A.C.A.No.1252 OF 2009 towards loss of amenities and enjoyment in life, thereby entitling the claimant to have a total compensation of Rs.36,250/=. Considering all these facts since Rs.26,112/= is already granted, I enhance the compensation by Rs.10,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 7.5% interest on the said sum from the date of the petition till realisation and the respondent 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 : 4 : M.A.C.A.No.1252 OF 2009