IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 MACA.No. 32 of 2010(A) --------------------- OPMV.1237/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT. -------------------------------- P.HARINARAYANAN, S/O.KUTTAN NAIR, PADINHAREMADATHIL HOUSE, PANJAL VILLAGE, PANJAL DESOM, CHERUTHURUTHY, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENT(S)/RESPONDENTS: -------------------------------------- 1. MUHAMMED, S/O.KAMMATHAN, KUNNATHUPEEDI- KAYIL HOUSE, NEDUMPURA VILLAGE, VETTIKKATTIRI, (DRIVER OF AUTO RICKSHAW). 2. SHINY ISSAC, W/O.BABY K.C., KOTTARAKUNNIL HOUSE, ELANADU P.O., CHELAKKARA, THRISSUR, (OWNER OF AUTO RICKSHAW). 3. THE NEW INDIA ASSURANCE CO. LTD, J.R.J. COMPLEX, OTTAPALAM 679 101, (POLICY NO.761103/31/06/02/00000907 VALID FROM 25/04/2006 TO 24/04/2007). ADV. SRI.VIJU THOMAS FOR R3 SMT.M.MEENA JOHN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 32 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)1237/06. The claimant, a 29 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.12,250/-. The Tribunal also found that the driver did not have a valid driving licence and therefore allowed the insurance company to recover the amount after the payment. A perusal of the award would reveal that the claimant had sustained a fracture on the little toe of the proximal phalanx and he was treated as an inpatient in the hospital for 5 days. He did not produce any medical bills. It is also revealed that he was working as a contract worker with K.S.E.B. The Tribunal has awarded a reasonable compensation under many heads but the fact remains that when one sustains a fracture on the toe and when that M.A.C.A. 32 OF 2010 -:2:- fracture is coupled with avulsion certainly it would cause severe pain and therefore considering that aspect I am inclined to grant Rs.2,000/- more towards pain and sufferings and I also enhance Rs.1,000/- for loss of amenities thereby entitling the claimant to have an additional compensation of Rs.3,000/-. In the result the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/- with 8% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. The insurance company is entitled to recover that amount from the owner of the vehicle. M.N. KRISHNAN, JUDGE. ul/-