IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 MACA.No. 1370 of 2004(G) ----------------------------------- OPMV.1202/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .............................................. APPELLANT(S): PETITIONER: ------------------------------------------ C.P.SOMAN, ARYATTU PARAMPIL, KUPPAKKAYAM ESTATE, KUPPAKKAYAM P.O. MUNDAKKAYAM. BY ADV. SMT.BETTY K.ALUKKA RESPONDENT(S): RESPONDENTS: ----------------------------------------------- 1. M.C.DINESAN, MOOZHIKKUNNEL HOUSE, PALLIPPADY, KORUTHODU P.O,. MUNDAKKAYAM. 2. JOY @ KUTTAN, S/O.DEVASIAKUTTY, VATTAKUNNEL HOUSE, CHELIKUZHI, MUNDAKKAYAM, R/A. DO. HOUSE, PUZHAVATHU, CHANGANACHERRY. 3. NEW INDIA ASSURANCE CO.LTD., KOTTAYAM DIVISION, REP. BY ITS DIVISIONAL MANAGER. ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... MACA.1370 of 2004 ............................................. Dated this the 14th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.1202/1998. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.10,000/=. It is against that decision, the claimant has come up in appeal. 2. The leanred counsel for the appellant had made availabe for perusal all the relevant documents produced in the case. Immediately after the accident, the claimant was admitted in MMT, Hosptial at Mundakayam. He had sustained abrations on the kneee and leg, lacerated injury on the left leg and a contusion on the left side of the anterior chest wall. Initially the X-ray did not reveal any fracture. But, subsequently it has been seen that he had sustained fracture of two ribs namely 4th and 6th ribs. He was advised to take rest. Another exhibit produced would show that he was a permanent worker in Travancore : 2 : MACA.1370 of 2004 Rubber and Tea company having a monthly wages of Rs.1555/=. It is also seen that he was absent for work from 4.11.1997 to 9.1.1998. With these materials let us fix the compensation. He was prevented from doing work for two months and therefore I fix the loss of earning at Rs.3,200. He would have spent Rs.850/- for medical expenses. There would have been somebody with him during the period of hospitalisation of 12 days. His cloths would have been damaged on account of the accident and he would have the help of somebody to go to hospital and he would have taken some nutritious food. Taking into consideration all these aspects, I am inclined to award an amount of Rs.2,100/-. The Tribunal has awarded him a total compensation of Rs.7,000/= for pain and suffering. It does not require any interference. Towards loss of amenities and enjoyment in life, I award Rs.3,000/=. Therefore, the claimant will be entitled to a total compensation of Rs.15,300/= after dedectuing the sum of Rs.10,000/= already awarded. Thus the claimant is entitled to an additional compensation of Rs.5,300/=. : 3 : MACA.1370 of 2004 Therefore, the appeal is partly allowed and the claimant is awarded an additional comepensation of Rs.5,300/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance compnay is directed to depoist the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE cl : 4 : MACA.1370 of 2004 : 5 : MACA.1370 of 2004 : 6 : MACA.1370 of 2004 : 7 : MACA.1370 of 2004 : 8 : MACA.1370 of 2004 : 9 : MACA.1370 of 2004 : 10 : MACA.1370 of 2004 : 11 : MACA.1370 of 2004 : 12 : MACA.1370 of 2004 : 13 : MACA.1370 of 2004 : 14 : MACA.1370 of 2004 . : 15 : MACA.1370 of 2004 : 16 : MACA.1370 of 2004