IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MFA.No. 187 of 2003(D) --------------------------------- O.P(MV).NO.912/1994 OF M.A.C.T, WAYANAD, KALPETTA. .................... APPELLANT/ PETITIONER IN O.P.(MV): ------------------------------------------------------- N.K. VARGHESE, AGED 53 YEARS, S/O. KURIAKOSE, NEDUVANKUZHI HOUSE, NENMENIKKUNNU P.O., CHEERAL, THOTTAMOOLA, SULTHAN BATHERI TALUK. BY ADV. SRI.T.KURIAKOSE PETER, ADV. SRI.ABRAHAM P.GEORGE. RESPONDENTS/ RESPONDENTS IN O.P.(MV): ----------------------------------------------------------------- 1. SMT. GIRIJA, W/O. LATE VIJAYAKUMAR, MODATHANKUNNATHU HOUSE, NAIKKATTY P.O., SULTHANBATHERY. 2. VIJU. K.A., S/O. ABRAHAM, KAKKARATHUPARAMBIL HOUSE, KARACHAL P.O., MEENANGADI, SULTHANBETHERI TALUK. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD., SULTHAN BATHERI. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 187 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) No.912/94. The appellant/ petitioner was a driver by profession. He sustained injuries in the accident including fracture of the rib besides other injuries. The Tribunal awarded him a total compensation of Rs.8,050/-. It is against that decision the present appeal is preferred. 2. I had gone through the award. It can be seen that on account of the fracture of the rib certainly he would have been forced to take rest and this would have handicapped him in his profession of driving. He is only claiming an amount of Rs.1,900/- for loss of earning which I feel is reasonable. Therefore an additional compensation of Rs.1,200/- is granted so as to make it 1,900/-. Towards transport expenses, extra nourishment, bystanders expenses etc. the Tribunal has given only a very small amount. Certainly the appellant would have visited the hospital for more than one occasion and there would have been somebody accompanying MFA No.187/03 2 him to the hospital. He had to take nutritious food for fast recovery and therefore under those heads, I increase the compensation by Rs.800. The Tribunal has not granted any amount for loss of amenities and enjoyment in life. Considering his profession as driver certainly the fracture coupled with injury on the back would have caused him some inconvenience and therefore I award a sum of Rs.3,000/- under that head. Therefore the claimant is entitled to an additional compensation of Rs.5,000/-. In the result, the MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps