IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 2808 of 2009(A) ------------------------ OPMV.436/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV): ------------------------------------------------------------- PONSY PAUL, S/O.IYYANAM PAUL, PURANATTUKARA DESOM VILLAGE AND P.O., THRISSUR DISTRICT. BY ADVS. MR.P.V.BABY, MR.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS 1 & 2 IN OP(MV): ---------------------------------------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. * 2. K.A.VARGHESE, S/O.KANIYATTI ANTONY, KALLUR. ( D E L E T E D) * THE NAME OF 2ND RESPONDENT IS DELETED FROM PARTY ARRAY VIDE ORDER DTD. 25/02/2010. BY ADV. MR.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2808 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)436/05. The claimant, a 22 year old lady sustained injuries in a road accident and she had been awarded a compensation of Rs.49,900/- of which Rs.20,400/- represents medical expenses. A perusal of the award would reveal that the claimant had sustained a fracture on the neck of the right radius and a comminuted fracture on the right ulna. He was an inpatient in the hospital for 14 days and implantation was done which was removed only after a period of 14 months. The Tribunal has awarded a reasonable compensation almost under all heads. But I find that the Tribunal has granted only Rs.5,000/- towards loss of amenities and enjoyment of life. It has to be remembered that the petitioner is a civil engineer. Fracture is sustained on the right hand. A civil engineer requires proper and strong hand for good drawing M.A.C.A. 2808 OF 2009 -:2:- and he may have to do it for a quite a long time. Though it may not directly affect his earning capacity certainly it will take more time and there will be strain for the person. So therefore taking into consideration those aspects I am inclined to enhance the compensation for loss of amenities and enjoyment in life by Rs.5,000/-. Therefore the appeal is partly allowed the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation and the first respondent, K.S.R.T.C. is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-