IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MACA.No. 1385 of 2005() ----------------------- OPMV.1552/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- P.T.KUNJIMOHAMMED,S/O.ALAVI, AGED 61 YEARS,ELAMBILASSERI HOUSE, PUTHENTHERUVIL P.O.,THACHAMPOYIL,KOZHIKODE. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS/RESPONDENTS: ------------------------------------------- 1. MOIDEENKUTTY,S/O.SAIDALAVI, PULIKKALAKANDI HOUSE,MONGAM, MALAPPURAM DIST. 2. K.K.NOOH,S/O.MOHAMMED KUTTY, KOTTENGADAN HOUSE,THARIPPAMUNDA, PALAKKAL,THUVUR,MALAPPURAM DIST. BY ADV. SRI.T.K.SAIDALIKUTTY FOR R1 & R2 SRI.A.A.ZIYAD RAHMAN FOR R1 & R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1385 OF 2005 --------------------- Dated this the 18th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1552/00. the claimant aged 56 years suffered fracture on the neck of humerus besides abrasions on the chest and knee. He had undergone inpatient treatment in the KPM Hospital from 24.9.97 to 29.9.97. the Tribunal has awarded him a total compensation of Rs.8,750/-. It is against that decision, the present appeal is preferred by the claimant. 2. Heard the counsel for both sides. It can be seen that the Tribunal has not awarded any amount for actual loss of earning. Certainly on account of the accident, the claimant would not have been in a position to do any work for atleast a period of one month and therefore, I award a sum of Rs.1,500/- under that head. The discharge card itself would reveal that he was treated as inpatient in a private hospital for 5 days. Taking into consideration all these aspects, I award a sum of Rs.1,000/- towards medical expenses. Certainly, on account of the fracture on the humerus at the age of 56, there would have been some temporary loss of amenities and MACA No.1385/05 2 enjoyment in life for which I award a sum of Rs.1,500/-. Therefore the claimant will be entitled to an additional compensation of Rs.4,000/-. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,000/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. The respondents are directed to deposit the amount within a period of three months from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1385/05 3 MACA No.1385/05 4