IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 1153 of 2004() ---------------------------------- OPMV.1249/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. -------------------------------------- C.T.BABU, S/O.THOMAS, CHEMPALAYIL HOUSE, MANNAR KARA, POOZHIKOL P.O. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS --------------------------------------------- 1. R.ANNADURAI, S/O.RAMASWAMY, 23, KARUR ROAD, MELACHINTHAMANI, TRICHY-20, TRICHIRAPPALLI -620 002. 2. MURUKESAN, S/O.PERIYASWAMY, HOUSE NO.30, PALANIYAPPA STORE, GANDHI STREET, JEEVA NAGAR, TIRUCHIRAPPALLI DISTRICT, TAMIL NADU. 3. NATIONAL INSURANCE CO. LTD, REPRESENTED BY THE DIVISIONAL MANAGER, KOTTAYAM. BY ADV. SRI.MATHEWS JACOB (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1153 OF 2004 = = = = = = = = = = = = = = = Dated this the 17th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1249/98. The claimant, a small scale industrialist by profession sustained a fracture of the zygomatic arch and was treated as an inpatient in the Medical College Hospital, Kottayam for a period of nine days. The Tribunal awarded him a compensation of Rs.9,000/- and it is against that decision the present appeal is preferred. 2. Heard the counsel for the appellant as well as the insurance company. It can be seen from the documents produced there was a fracture of the zygomatic arch. Certainly it would have caused him inconvenience to move for work at least for a period of two months and therefore I enhance the loss of earnings by Rs.2,000/-. Similarly, on account of the said fracture there would have been certainly loss of amenities and enjoyment in life and no amount is M.A.C.A. 1153 OF 2004 -:2:- seen granted under that head. I award a sum of Rs.3,000/- under that head. On account of the fracture on the face which has affected his zygomatic arch, he would have taken nutritious food and there must have been somebody to look after him during the period of hospitalization for nine days and further his clothes would have been damaged. I award a sum of Rs.1,500/- under those heads. In the result the MACA is allowed and the claimant is awarded an additional compensation of Rs.6,500/- 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 sixty days from the date of receipt of a copy of the judgment. Being an old case, the amount may be disbursed to the claimant. M.N. KRISHNAN, JUDGE. ul/-