IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 MACA.No. 2108 of 2009() ---------------------------------- OPMV.1188/2004 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------- P.NOUSHAD, S/O.BICHU, AGED 33 YEARS, RESIDING AT FARZANA MANZIL, BHAGAVATHIPARAMBA, P.O.GOVINDAPURAM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENT IN OP(MV) ------------------------- 1. JAYAKRISHNAN, S/O.PADMANABHAN, RESIDING AT KARATTU HOUSE, P.O.KADALUNDI, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. R2 BY ADV. MR.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.2108 OF 2009 ............................................. Dated this the 16th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1188/2004. The claimant, a 28 year old labourer by profession, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.4,000/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel had made available before me for perusal a copy of the wound certificate which would indicate that he had sustained a fracture of the 8th rib besides swelling in his arm and thigh. He had also sustained an abrasion of 8 cm length in the thigh as well as a lacerated injury on the chin and just below the left eye. He was treated only as an outpatient. I proceed to refix the compensation as follows: 3. Towards loss of earnings, I award a sum of Rs.2,000/=, towards treatment expense, a sum of Rs.700/= is : 2 : M.A.C.A. No.2108 OF 2009 awarded and towards damage to clothing, Rs.500/= is granted, for pain and sufferings, I award a sum of Rs.5,000/=. Considering the number of injuries as well as the fracture of the rib which requires rest, certainly there would be some loss of amenities and enjoyment for which I grant a sum of Rs.2,000/= making a total compensation of Rs.10,200/= out of which Rs.4,000/= is already granted. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,200/= with 7.5% interest on the said sum 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 cl : 3 : M.A.C.A. No.2108 OF 2009