IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 M.A.C.A.No. 597 of 2007(G) ---------------------- O.P(MV) NO.269/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA,WAYANAD. .................... APPELLANT/PETITIONER: --------------------- C.P.SALIM, S/O. HAMZA, CHAYI PARAMBATH HOUSE, KAPPAMKOLLY, KARPOORAKADU, MEPPADI P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SMT.CELINE JOSEPH RESPONDENTS/RESPONDENTS: ------------------------- 1. BIRIYANI ABU, S/O. MOYIN, VELLAMKOLLY HOUSE, CHUNDALE P.O., VYTHIRI TALUK, WAYANAD. 2. U.HAMZA, UMATHIL HOUSE, PARIYAPURA, THANUR P.O., MALAPPURAM DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.41, MAIN ROAD, KALPETTA-673 121. BY ADV. SMT.K.C.BEENA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 597 OF 2007 --------------------- Dated this the 22nd day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kalpetta, Wayanad, in OP(MV) 269/01. The claimant, aged 37 years a fish vendor by profession, sustained injuries in a road accident. He had sustained fracture of the clavicle besides abrasions on other parts of the body. He was treated as inpatient in he hospital for 7 days. The Tribunal awarded a compensation of Rs.25,032/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel appearing for both sides. Learned counsel would contend that the Tribunal went wrong in not accepting the disability certificate in toto. Learned counsel had made available before me a copy of the disability certificate which would indicate that there was a malunion of the clavicle and also difficulties in rotation. The Doctor certified his disability at 6%. When the profession of a person is that of a fish vendor, the malunion fracture in the clavicle can cause him difficulty because he may have to carry it on the head or by using two wheelers. Further, the involvement of the hand is necessary in connection with his trade. Therefore, it is only just and proper to fix the disability at MACA No. 597/07 2 4%. When the additional 1% disability is taken out for one year, it would come to Rs.324/- which when multiplied by 16 would come to Rs.5,184/-. Certainly on account of the fracture of the clavicle and other injuries, he would not have been in a position to do any work atleast for a period of one month. The Tribunal has only awarded Rs.630/- under that head. Therefore, I enhance that compensation by Rs.2,000/-. Similarly the compensation awarded for pain and suffering is also inadequate. I enhance it by Rs.1,000/-. No amount is seen awarded for loss of amenities and enjoyment in life. Considering the fact that he is a 37 year old man, who had a malunion fracture of the clavicle and difficulties in rotation of the hand, I grant him Rs.2,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.10,184/-, which is rounded as Rs.10,200/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,200/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 597/07 3