IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 MACA.No. 1422 of 2010() ----------------------- OPMV.447/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: -------------------------------------------- SADASIVAN, S/O. NEELAKANDAN, AGED 50 YEARS, RESIDING AT SATHYATHIL VEEDU, P.O.IKKARAPADY, VENNAYOOR, MALAPPURAM DISTRICT. BY ADVS. SRI.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. PRASITHA, D/O. KUMARAN, RESIDING AT KANIYANTAVIDA HOUSE, P.O.ONCHIYAM, VADAKARA, KOZHIKODE DISTRICT, PIN-673 001. 2. RAJESH KADAVANTAYIDA, S/O. HARIDAS, RESIDING AT POOMULLIMEETHAL HOUSE, P.O.ERANBIKKAL, KOZHIKODE DISTRICT, PIN-673 001. 3. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLI ROAD, KOZHIKODE DISTRICT, PIN-673 001. R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1422 OF 2010 ............................................. Dated this the 5th day of January, 2011. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.447/2006. The claimant sustained injuries in a road accident and the Tribunal awarded him ` 22,000/=. It is against that decision, the claimant has come up in appeal. 2. A perusal of the award would reveal that the claimant had sustained fracture of the tibial condyle and multiple injuries all over the body. He was admitted on 12.1.2006 and discharged on 4.2.2006(mistakenly shown as 4.1.2006). Therefore he was in the hospital for 22 days. The Tribunal had not been reasonable under some heads but has been exorbitant under some heads. Therefore it has become necessary for this Court to recalculate the compensation as follows: I award `500/= towards transport expenses and `250/= towards damages to clothing. A 55 year old man sustained injuries in an accident in 2006 and certainly he would have : 2 : M.A.C.A.NO.1422 OF 2010 been making `3,000/= per month and `6,000/= is fixed as loss of earnings for two months. He was in the hospital for 22 days. Therefore bystander's expenses is fixed at `2,200/=. He had undergone a long treatment as an inpatient and subsequently as an outpatient and therefore towards treatment expenses I award `2,000/=. Towards pain and sufferings an amount of `12,000/= is awarded and certainly fracture of the tibial condyle would have caused temporary disability and loss of amenities, I award `5,000/= under that head. Thus the total compensation come to `27,950/= or in other words, the claimant will be entitled to an additional compensation of `5,950/= which I round as `6,000/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of `6,000/= with 7% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1422 OF 2010 : 4 : M.A.C.A.NO.1422 OF 2010 M.N. KRISHNAN, J. ........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 5th January, 2011. J U D G M E N T/O R D E R