IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 523 of 2007(F) ---------------------------------- OPMV.2068/2003 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) : ------------------------------------------------------------- K.JAYARAJAN, S/O. IMBICHUTTY, AGED 47 YEARS, KAYALATH HOUSE, NADUTHODI PARAMBA, MANKAVE P.O., CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV) : -------------------------------------------------------------------- 1. VIJAYACHANDRAN, S/O. THEYYAN, PUTHUKULANGARA VEEDU, KADALUNDI AMSOM, MANNUR DESOM, CALICUT. 2. NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDATHUPALAM, CALICUT. BY ADV. SRI.P.JAYASANKAR - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 523 OF 2007 --------------------- Dated this the 16th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 2068/03. The claimant, a carpenter by profession, sustained injuries in a road accident. The Tribunal awarded him Rs.4,850/-. Dissatisfied with the award, the claimant has come up in appeal. 2. Heard the counsel for both sides. Learned counsel for the appellant had made available before me copy of the documents for perusal. A perusal of the document would reveal that he had pain and swelling all over the left shoulder, abrasion on the left wrist and hematoma on the right wrist etc. Column 14 of the wound certificate would reveal that X-ray revealed fracture of the clavicle. He was admitted in the hospital on 9.3.03 and discharged on 13.7.03 at 10 a.m. Ext.A3 is the discharge summary which not only confirmed the fracture of the clavicle but also raised a doubt as to whether there is any fracture on the chest. Medicines were prescribed for a further period of one week from the date of discharge. Ext.A4 is the certificate issued by the Govt. General Hospital, Kozhikode (Beach). MACA No.523/07 2 The Tribunal did not accept the materials regarding the fracture of the clavicle. Immediately on the date of admission itself the hospital in which he was admitted as patient had on radiological analysis confirmed the fracture of the clavicle. He had undergone treatment for the same for a period of four days. Being a diabetic patient, he was advised to take rest. Therefore, the finding of the Tribunal that he did not suffer any fracture does not appear to be correct. Therefore, I refix the additional compensation which the claimant is entitled to get. 3. The claimant, on account of the fracture of the clavicle, would have been prevented from doing any work for a period of two months. Being a carpenter by profession and the accident being of the year 2003, there is nothing wrong in fixing the monthly income at Rs.2,500/- and I award him Rs.5,000/- toward actual loss of earning. Similarly, the fracture of the clavicle with some subconjuctual haemourage would have caused pain and suffering to the claimant for which I enhance the compensation by Rs.2,500/-. When a carpenter sustains injury on the shoulder, though it may not cause him a permanent disability as such in the absence of evidence, certainly there would have temporary disability and loss of amenities MACA No.523/07 3 and enjoyment in life for him for which I fix a compensation of Rs.2,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.9,500/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,500/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. 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.523/07 4