IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 2141 of 2007(A) ------------------------------------- O.P(MV).NO.1676/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/PETITIONER: ------------------------------------- C.RAJAN, S/O.KUNHIKORU, AGED 53 YEARS, CHITTARIKKAL HOUSE, BALATHIRUTHI, P.O.KADALUNDI, KOZHIKODE. BY ADV. SMT.K.V.RESHMI. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. M.GOPALAKRISHNAN, S/O.RAVUNNIKUTTY NAIR, SREERAGOM, P.O.RAMANATTUKARA, KOZHIKODE, (OWNER OF THE BUS NO.KL-8 K 6678). 2. NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.2141 OF 2007 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1676 of 2003. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.8,918/- with 6% interest. It is against that decision, the claimant has come up in appeal for enhancement. 2. Though respondents are served there is no representation. Heard the counsel for the appellant. Learned counsel would submit that the compensation awarded is inadequate. Initially he was treated in Zam Zam hospital, Changuvetti and later he was referred to a hospital in Kottakkal and the Tribunal has also observed that there was tenderness and deformity of right clavicle . Radiological investigation confirmed the sustainment of fracture. He had expended Rs.2,618/- for medical expenses. The accident is of the year 2003. There is nothing wrong in fixing the income of the person at least at Rs.2,000/- and granted an additional compensation of Rs.2,000/- towards loss of earning. The Tribunal has awarded Rs.3,000/- MACA 2141/2007 -:2:- towards pain and suffering which has to be doubled considering the nature of the injuries. I enhance it by Rs.3,000/-. Certainly a labourer sustained fracture of the right clavicle which would cause difficulty in day-to-day life. I enhance that compensation by Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-