IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 MACA.No. 1333 of 2009() ----------------------- OPMV.664/2004 OF PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV. ---------------------------------------------------------- K.MADHAVAN,S/O.NARAYANAN NAIR, AGED 44 YEARS,KIZHAKKE KOTTADATH HOUSE, P.O.CHERUKULATHOOR,VIA POOVATTU PARAMBA,CALICUT, REP.BY P/A.HOLDER,SREEJA,W/O.MADHAVAN,KIZHAKKE KOTTADATH HOUSE,P.O.CHERUKULATHOOR,VIA POOVATTU PARAMBA,CALICUT. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OPMV: ------------------------------------------------------------------ 1. IBRAHIM,S/O.POCKER HAJI, KALLUVETTU KUZHIYIL HOUSE, CHEROOPPA,MAVOOR,CALICUT. 2. SHIHABUDHEEN,S/O.MUHAMMED MUSSALIYAR, VADAKKE MAYIPPATHU HOUSE, CHEROOPPA AMSOM,CALICUT. 3. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE,NOOR COMPLEX, MAVOOR ROAD,NEAR ARAYIDATHUPALAM,CALICUT. R3 BY ADV. MR.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1333 OF 2009 ............................................. Dated this the 19th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.664/2004. The claimant, a 39 year old mason, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.16,560/=. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The records are made available for perusal. It would show that the claimant sustained a fracture of the right ulna and he was admitted on 26.1.2005 and discharged on 2.2.2005 and a surgery was done for implantation. Considering the fact that he is a mason by profession, I am inclined to reconsider the quantum of compensation as follows: 3. The tribunal has only awarded a very nominal compensation of Rs.4,000/= for pain and sufferings for a person who had sustained fracture of the right hand and : 2 : M.A.C.A.No.1333 OF 2009 he was immobilised for a short period. I enhance it by Rs.4,000/=. Even if the income is taken at Rs.2,000/= per month for three months it would come to Rs.6,000/= and towards additional loss of earnings I grant Rs.1,500/=. Since no disability compensation is awarded certainly when a fracture is sustained by a mason in his right hand it would be painful at least for a considerable length of time and the strain which he has to undertake also may affect his work. Therefore I am inclined to grant Rs.2,000/= more under that head as well making it an additional compensation of Rs.7,500/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE : 3 : M.A.C.A.No.1333 OF 2009 cl : 4 : M.A.C.A.No.1333 OF 2009