IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 189 of 2008() ---------------------- OPMV.2328/2001 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS IN OP(MV) ---------------------------------------------- 1. CHINNASWAMY, AGED 60 YEARS (DIED). 2. SUPPL.2. DEVU PUNCHIRI, W/O.LATE CHINNASWAMY, AGED 61 YEARS. 3. ANANDAN, S/O.LATE CHINNASWAMY, AGED 41 YEARS. 4. ANITHA, W/O.RADHAKRISHNAN, AGED 36 YEARS. 5. SUNITHA, W/O.KRISHNAN, AGED 32 YEARS. 6. VINITHA, W/O.RAJAN, AGED 30 YEARS. ALL ARE RESIDING AT MELEKKADU HOUSE, MIDHUNAVALLAM, KODUMBU POST, PALAKKAD. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN OP (MV) ------------------------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CO., TRIVANDRUM. 2. P.K.DIVAKARAN, S/O.P.K.CHEKKU, AGED 52 YEARS, POOLAKUZHIYIL HOUSE, MOTHPPANPUZHA POST, THANPARA, THIRUVAMBADI VIA, KOZHIKODE. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 189 OF 2008 --------------------------------- Dated this the 12th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 2328/2001. The claimant aged 60 years sustained injuries in a road accident. He was treated in Zam Zam Hospital, Kottakkal with fracture of the patella and was referred to the Medical College Hospital, Kozhikode for further management and treatment. Accordingly he was admitted in the Medical College Hospital on 5.6.2001 and discharged on 11.6.2001. It was clearly noted that he had comminuted closed fracture of the patella. Patellactomy was done and thereafter he was referred to local hospital at Palakkad for further management. It is also submitted that the claimant died in the year 2006. The Tribunal has only awarded a global amount of Rs. 6,500/-. It requires reconsideration and therefore I recalculate the compensation in accordance with injuries and other treatments undergone. He would have been prevented from doing any work for two months. I award an amount of Rs. 4,000/- for loss of earning. He is a native of Kodumbu in Palakkad and treated M.A.C.A.No. 189 OF 2008 -2- in Medical College, Kozhikode and later in a local hospital at Palakkad. I award an amount of Rs. 1,500/- towards transport expenses. Towards treatment expenses, bystanders expenses and expenses for nutritious food etc., considering the hospitalisation for six days and further treatment in the local hospital, I am inclined to award an amount of Rs. 2,000/-. Towards pain and suffering and loss of amenities, I award an amount of Rs. 6,000/- and Rs. 4,000/- respectively. Thus the claimant will be entitled to get compensation of Rs. 17,500/- out of which Rs. 6,500/- has already been awarded by the Tribunal. Thus the claimant will be entitled to get an additional compensation of Rs. 11,000/-. In the result, the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 11,000/- with 6% interest with a direction to the K.S.R.T.C to deposit the amount within 90 dyas from the date of receipt of copy of the judgement. M.N. KRISHNAN,JUDGE vkm