IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MFA.No. 463 of 2001(B) ---------------------- OPMV.824/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S)/ADDL. PETITIONERS 2 TO 8: -------------- 1. MARIAKUTTY ALEXANDER, W/O. LATE C.J. ALEXANDER, CHIRAYIL HOUSE, POTHINKANDOM, CHALKUDY MEDU, KARUNAPURAM, KOCHARA P.O 2. JOSEPH ALEXANDER, S/O. LATE C.J. ALEXANDER, -DO- -DO- 3. PUSHPAMMA, D/O. LATE C.J. ALEXANDER, -DO- -DO- 4. SHINY, D/O. C.J. ALEXANDER , -DO- -DO- 5. SHANTY, D/O. C.J. ALEXANDER, -DO -DO- 6. LUCY, D/O. LATE C.J. ALEXANDER, -DO- -DO- 7. JESSY, D/O. LATE ALEXANDER, -DO- -DO- BY ADVS. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENT(S)/RESPONDENTS: ------------------- 1. P.P. NARAYANAPILLAI, PUTHUPARAMBIL, KUZHUTHOLU P.O., VANDANMEDU. 2. PRASAD, S/O. VELAYUDHAN, PALACKAL HOUSE, MEMAKKADAVU KARAM VANDANMEDU VILLAGE. 3. NEW INDIA INSURANCE CO. LTD., KATTAPPANA BRANCH. ADV. SRI.A.C.DEVY FOR R.3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.F.A.No. 463 OF 2001 --------------------------------- Dated this the 19th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.824/1996. One Alexander C.J. sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs. 9,480/- with 12% interest and directed the 3rd respondent Insurance Company to pay the amount. It is aggrieved by the quantum of compensation, the legal heirs have come up in appeal. 2. Heard the counsel. It is seen from Ext.A4 wound certificate that the claimant had sustained a fracture on the left wrist. Though initially the C.T. scan did not reveal any serious head injury, subsequent C.T scan taken from the Mangalam C.T. Scan centre revealed that an undisplaced linear fracture on the occipital bone. He had inpatient treatment for 10 days and medical bills for Rs. 2,130/- is also produced. I feel the compensation requires enhancement on the following: 3. The claimant was a butcher by profession and the tribunal awarded him actual loss of earning for 10 days which is totally M.F.A.No. 463/2001 -2- inadequate when considering the question of wrist fracture for a butcher with a linear fracture on the occipital bone, certainly he would have been deprived from doing any work from 8 - 10 weeks and therefore I award an amount of Rs. 4,000/- towards actual loss of earning. Towards bystanders expenses only Rs. 200/- is granted whereas he was hospitalised for 10 full days. I award an amount of Rs. 500/- under that head. The fracture on the wrist coupled with the occipital bone fracture would have caused severe pain to the claimant and I award an amount of Rs. 3,500/- more towards pain and suffering. Certainly this would have caused temporary disablement, loss of amenities and enjoyment in life for which I award an amount of Rs. 3,000. Thereby enhancing the compensation by Rs. 11,000/-. In the result, the M.A.C.A is partly allowed and the additional claimants are awarded an additional compensation of Rs. 11,000/- with 7.5 % on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same with 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm