IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 MACA.No. 1352 of 2009() ----------------------- OPMV.872/2005 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- M.P.ABDUL AZEEZ,S/O.ABOOBACKER, AGED 53 YEARS, MEKALAM PADATH POTTAMMAL HASSEENIYA MANZIL, POOLANKARA P.O. PANTHEERANKAVU, KOZHIKODE. BY ADV. SMT.BINDU GEORGE RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. ABDUL SALEEM, PATTATHIL HOUSE, P.O. ADIVARAM, PUDUPPADY, KOZHIKODE. 2. MANOJ K.P. S/O.SREENIVASAN NAIR, KIZHAKKE PARAMBIL HOUSE, P.O.THAMARASSERY, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., VELIMANAN BUILDING, MAIN ROAD, THAMARASSERY. R3 BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1352 OF 2009 ............................................. Dated this the 2nd day of July, 2010. 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.872/2005. The claimant, an employee in the Excise Department, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.23,000/=. Dissatisfied with the same, he has come up in appeal for enhancement. 2. Heard. A perusal of the award would reveal that the claimant had sustained a fracture of the malleolus. He was treated as an inpatient in a hospital for ten days and implantation was necessary for which another surgery has to be done for removing the implantation. It is submitted that he was forced to purchase materials worth Rs.1,170/= but the Tribunal did not accept it. According to him, he was on medical leave for three months but did not produce any documents. Therefore the Tribunal granted him loss of earnings of Rs.6,000/=. I feel that some enhancement is necessary for the following reasons. The claimant had : 2 : M.A.C.A.NO.1352 OF 2009 sustained a fracture of the malleolus that is on the left ankle. By profession he is a Preventive Officer in the Excise Department. A Preventive Officer requires strong legs for the discharge of his duties. When a fracture is sustained on the ankle and as it always involve movements, there will be considerable pain for a considerable length of time. Similarly it would result in loss of amenities and enjoyment in life also to a great extent. It is true that no disability certificate is produced. Taking note of these materials, I award a sum of Rs.3,500/= more towards pain and sufferings and Rs.4,000/= more towards loss of amenities making an additional compensation of Rs.7,500/=.. 3. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/= with 7.5% interest on the said amount 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.1352 OF 2009 : 4 : M.A.C.A.NO.1352 OF 2009