IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 471 of 2006(D) ---------------------- OPMV.1745/1997 of MACT ALAPPUZHA .................... APPELLANT/PETITIONER: ----------------------------------- PARAMESWARA KURUP, S/O. ANANDA KURUP CHAKKANAZHATHU HOUSE, MARARIKULAM NORTH, PANCHAYATH WARD NO.2, MARARIKULAM. BY ADV. SRI.V.K.PRAVEEN HARIKRISHNAN ASSOCIATES RESPONDENTS/RESPONDENTS: --------------------------------------- 1. JAYA MOHANAN, S/O. KRISHNA PILLAI, KUNJASTANPARAMBIL, MARARIKULAM NORTH, PANCHAYATH WARD NO.9, MARARIKULAM NORTH P.O. 2. E. GOPALAKRISHNAN NAIR, KOYIKKAL RAGAM, T.C.24/1794 (1), THIRUVANANTHAPURAM. 3. MUKUNDAN PILLAI, KUNJASTANPARAMBU MARARIKULAM NORTH, PANCHAYATH WARD NO.9, MARARIKULAM NORTH P.O. 4. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED, ALAPPUZHA. ADV. SRI.P.JAYASANKAR FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 471 OF 2006 --------------------- Dated this the 25th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 1745/97. The claimant met with an accident while he was riding in his bicycle. The Tribunal awarded him a compensation of Rs.17,600/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. The Tribunal on verification of the salary certificate found the factum of his absence from duty from 18.3.94 to 28.4.94 and awarded a sum of Rs.4,600/- towards loss of earning. It is based on documents and therefore no further enhancement is necessary under that head. Similarly, the Tribunal has awarded Rs.2,000/- for treatment expenses, Rs.2,000/- towards transport charges, bystanders expenses and extra nourishment, Rs.7,000/- towards pain and suffering. The accident is of the year 1994. The amount granted under these heads also appears to be just and reasonable. The Tribunal has awarded Rs.2,000/- towards loss of MACA No. 471/06 2 amenities and enjoyment in life. It has to be remembered that as per Ext.X1 medical records it is proved that the claimant has sustained a fracture of D-12 vertebra. When a fracture is sustained in the vertebra certainly, it will cause lot of problems for a person and the agony is always protracted and the activity of the person will get reduced. So the pain will cause loss of amenities and enjoyment in life as well as temporary disability atleast for a reasonable time. Taking into consideration these aspects, I am inclined to enhance the compensation for loss of amenities and enjoyment in life and for temporary disability by Rs.6,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 6 % interest on the said sum from the date of petition till realisation. 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. 471/06 3