IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 MACA.No. 198 of 2009() ------------------------------- OPMV.582/1994 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................................... APPELLANT(S): -------------- T.RAJAGOPALAN, S/O.THEETHUNNI AGED 62 YEARS, R/AT.RAKKATH HOUSE, MIYTHUNAPALLAM, KUDUMBA, PALAKKAD TALUK, AND DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENT(S): -------------------- 1. SUKUMARAN, S/O.KUPPELAN, PUTHEN VEEDU, KAVASSERRY, ALATHUR TALUK, PALAKKAD DISTRICT DRIVER OF AUTO KLM 4718-DL.847/90, 2. UNITED INDIA INSURANCE CO.LTD. PALAKKAD, INSURER OF AUTO KLM-4718. 3. UMMUSALMA, W/O.ABDUL AZEEZ, AGED 63 YEARS, PARAKKULAM, NEAR POWER HOUSE, THIRUNELLAI, PALAKKAD. 4. NIJAMUDDIN, S/O.LATE ABDUL AZEEAZ, 46 YEARS, PALLIKKULAM, ERAPPAKADU, PIRAYIRI PO. PALAKKAD. 5. KABEER, S/OABDUL AZEEZ, 43 YEARS, PARAKKULAM, NEAR POWER HOUSE, THIRUNELLAI, PALAKKAD. 6. ISMAIL, S/O.ABDUL AZEEZ, 40 YEARS, PUTHUPALLI THERUVU, NOORANI, PALAKKAD. MACA.No. 198 of 2009 7. MOHAMMED SALI, S/O.LATE ABDUL AZEEZ, 36 YEARS, PALLIKULAM, ERAPPAKADU, PIRAYIRI PO., PALAKKAD. 8. JAFFER, S/O.LATE ABDUL AZEEZ, 34 YEARS PALLIKULAM, ERAPPAKADU, PIRAYIRI PO., PALAKKAD. 9. SHAKKER, S/O.LATE ABDUL AZEEZ, 28 YEARS PARAKKULAM, NEAR POWER HOUSE,THIRUNELLAI, PALAKKAD. 10. MOHAMMED RAFI, S/O.LATE ABDUL AZEEZ AGED 23 YEARS, PARAKKULAM, NEAR POWER HOUSE THIRUNELLAI, PALAKKAD. ADV. SRI.JOHN JOSEPH(ROY) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. M.N. KRISHNAN, J. ------------------------------- M.A.C.A.No.198 OF 2009 --------------------------------------- Dated this the 23rd day of February, 2010 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal Palakkad in OP(MV).582/94. The claimant an Officer of the BPL sustained injuries in a road accident and claimed damages for personal injuries as well as damages to the vehicle. The tribunal has awarded a total compensation of Rs.11,937/- with 6% interest from 19.3.1994 and directed the Insurance Company to pay the amount. 2. Heard the learned counsel for the appellant as well as the first respondent. 3. A perusal of the award would reveal that the claimant had sustained a fracture on his clavicle and was treated in a private hospital called Polyclinic, Palakkad and that he had taken leave from 8.10.1993 to 14.11.1993. The Tribunal has only awarded very minimum compensation on all heads. On account of the fracture of the clavicle he was not in a position to MACA.198/09 2 attend more than 45 days and certainly it would have affected his movements and he had also some swelling on the fracture site besides abrasion on the right elbow. It is clearly admitted and as the bills were not produced, the tribunal granted only Rs.1,000/- as damages to the scooter and considering the nature of injuries, the leave which has taken and the agony he had undergone, I am inclined to grant more compensation towards pain and suffering which I fix as Rs.2,000/- and certainly this fracture should have caused temporary loss of amenities in life for which I grant Rs.3,000/- making a total additional compensation of Rs.5,000/-. In the result, MACA is partly allowed and the claimant is entitled for additional compensation of Rs.5,000/- payable from 19.3.1994 to 25.4.2006 and then from 28.11.2008 till realisation. The respondent, United India 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. M.N. KRISHNAN, JUDGE sou.