IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 MACA.No. 973 of 2010() --------------------------------- OPMV.1462/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------------------------------- KARUNAKARAN, S/O. VELAYUDHAN, MALAYINMEL HOUSE, CHAIPINKUZHY DESOM, KUTTICHIRA VILLAGE, CHAIPINKUZHY P.O. MUKUNDAPURAM TLAUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV ---------------------------------------------------------------- 1. JOBY V.J. S/O. JOSE, VAYALIL HOUSE, KUTTICHIRA P.O., THRISSUR DISTRICT. 2. JOBY, S/O. KOCHAPPAN, CHAKKALAKKAL HOUSE PULINKARA, KUTTICHIRA P.O., THRISSUR DISTRICT. 3. THE NEW INDIA ASSURANCE CO.LTD., MAIN ROAD IRINJALAKUDA. R3 BY ADV. SMT.P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N.KRISHNAN, J -------------------------------- M.A.C.A.NO.973 OF 2010 --------------------------------------- Dated this the 9th day of December, 2010 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Iringalakkuda in OP(MV) No.1462/2006. The claimant a 30 year old man, carpenter by profession sustained injuries in a road accident. The tribunal has awarded a compensation of Rs.17.500/-. Dissatisfied with same the claimant has come up in appeal. Heard. Perusal of the award and the argument advanced by the learned counsel would reveal that the claimant had sustained a fracture for the calcaneum. He was an inpatient in the hospital for 10 days. Though a disability certificate was issued as it was not proved the tribunal did not grant any disability compensation. I feel the compensation requires enhancement on the following heads. Being a carpenter by profession and as the accident had taken place in the year 2006 a minimum of Rs.3.000/- at least has to be taken as the income and therefore, I grant Rs.2.000/- more towards loss of earnings. Similarly, he was an inpatient in the hospital for 10 days and therefore, the pain and sufferings for Rs.2,000/- more is awarded. The tribunal has not given any amount for medical expenses. Seeing the M.A.C.A.NO.973 OF 2010 2 nature of the fracture it is certain that he would have visited the hospital on several occasions and therefore, I award for Rs.2.000/- under that head. Further no disability compensation is granted for a fracture of the calcaneum. But it may cause at least temporary disability for a person doing a work as carpenter for the reason he has to sit and do the work for a long time. Therefore, I enhance it by Rs.4,000/- and thereby, entitling the claimant to have an additional compensation of Rs.10,000/-. In the result, the MACA is partly allowed and the claimant is awarded a sum of Rs.10,000/- as additional compensation with 7% interest on the said sum from the date of 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. M.N.KRISHNAN,JUDGE pm