IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 MACA.NO. 644 OF 2006() --------------------------------------- OPMV.1980/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------------------------------ SRI.BINNO JERALD LUIZ, S/O. LAWRENCE LUIZ, LAUROLS, KD PLOT, HOUSE NO.X 349, KARIPAI ROAD, EDAPPALLY NORTH VILLAGE, KALAMASSERY. BY ADV. SRI.K.P.VIJAYAN SRI.V.M.SYAM KUMAR SMT.KRIPA ELIZABETH MATHEWS RESPONDENT(S): RESPONDENTS IN OP(MV): --------------------------------------------------------------- 1. BIJU JOY, JOY BHAVAN, VAZHAPPILLY VILLAGE, CHANGANASSERY, KOTTAYAM. 2. SABU GEORGE, CHEMPUTHARA HOUSE, CHANGANASSERY, KOTTAYAM. 3. ORIENTAL INSURANCE CO. LTD., KOTTAYAM-4. 4. ORIENTAL INSURANCE CO. LTD., KOCHI-16. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3,4 SRI.VARGHESE JOHN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A.No.644 of 2006 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of November, 2008 J U D G M E N T ---------------------- Koshy, J. Appellant-claimant sustained chip fracture navicular bone medial end of left foot. He was an inpatient in the hospital for three days. Tribunal awarded a total compensation of Rs.10,500/-. For transportation, treatment expenses inclusive of Part I compensation only Rs.1,000/- was awarded. For actual loss of income Tribunal awarded Rs.1,500/-. For pain and suffering Rs.6,000/- was awarded. For amenities in life Rs.2,000/- was awarded. Since there was a fracture and appellant was an inpatient in the hospital, he must have been carried to the hospital and back in special transport. Considering the treatment expenses, transportation expenses and the injuries suffered, we are of the opinion that the appellant is entitled to another sum of Rs.7,500/-. The 4th respondent insurance company is directed to deposit the said amount also in addition to the amount already awarded by the Tribunal with 7.5% interest per annum from the date of application till realisation. On such deposit, the appellant is entitled to withdraw the same. M.A.C.A. No.644 o 2006 -: 2 :- Appeal is allowed in part. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv