IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 MACA.No. 1127 of 2010() -------------------------------------- OPMV.950/2006 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: ------------------------------------------- RAMESH BABU, S/O.VASU AGED 48 YEARS, DREAMS VILLA, DUT SAW MILL ROAD, KAITHAKULAM NEAR KALLAI POST, KOZHIKODE DISTRICT. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENT ------------------------------------------------ 1. SUDHEER KUMAR, AGE AND FATHER'S NAME NOT KNOWN, RESIDING AT BINDU NIVAS, ARTS COLLEGE POST, MEENCHANTHA, KOZHIKODE-670 013. 2. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE-670 013. R2 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1127 OF 2010 = = = = = = = = = = = = = = = Dated this the 31st day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)950/06. The claimant, a businessman by profession sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.56,835/- out of which Rs.31,587/- represents medical expenses alone. 2. A perusal of the treatment document would reveal that the claimant had sustained a Smith fracture on the right side with posterior dislocation of left elbow along with fracture of caranoid fracture upper ulna and fracture head of radius. He had undergone an open reduction surgery and POP cast has been applied. It is also seen that subsequently in the year 2008 he M.A.C.A. 1127 OF 2010 -:2:- had been readmitted in the hospital for a period of three days for the removal of implantation. So the nature of injuries would show that the hand has got very badly fractured in so many places and also there was a dislocation. Therefore it is certain that it would have caused him tremendous difficulties for some point of time. Taking his income at Rs.2,500/- per month easily three months loss of earnings can be granted which means the claimant will be entitled to an additional compensation of Rs.4,000/-. He had been in the hospital on so many occasions and he had been inpatient in the hospital for many days. So taking into consideration those aspects I am inclined to grant an amount of Rs.500/- more towards treatment expenses and another Rs.500/- towards extra nutritious food. The fracture on the hand M.A.C.A. 1127 OF 2010 -:3:- would reveal that it had affected the ulna and other parts and there was a dislocation which means that it would have taken a long time for the person to come back to his normal position and he had been living for three years with an implantation in the body and certainly that could have deprived him from amenities and enjoyment. So taking into consideration those aspects I am inclined to grant Rs.7,000/- more towards loss of amenities and enjoyment. Thus the claimant will be entitled to an additional compensation of Rs.12,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of M.A.C.A. 1127 OF 2010 -:4:- sixty days from the date of receipt of a copy of the judgment. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.