IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 MACA.No. 326 of 2010() -------------------------------- OPMV.417/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER ---------------------------------------- VELAPPAN, AGED 65 YEARS, S/O.KARAPPAN, VIYYATH HOUSE, KJOODARAM ROAD, MARATHAKKARA, TRICHUR BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. JIJI MON P.V, AGED 28 YEARS, S/O.VARKEY, PULLOLIKKAL HOUSE, KOTTAPPURAM KARIMBUZHA VILLAGE, PALAKKAD. 2. P.J.BENNY, S/O.JOSEPH, 3/396, POOVATHINGAL HOUSE, KERALASSERY KONGADU PO, PALAKKAD. 3. THE NEW INDIA ASSURANCE CO.LTD STADIUM BUS STAND PALAKKAD, R3 BY ADV. SRI.M.RAJAGOPALAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.326 OF 2010 ............................................. Dated this the 26th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.417/2006. The claimant, a 65 year old manual labourer by profession, sustained injuries in a road accident and he has been awarded a compensation of Rs.22,700/=. Dissatisfied with the quantum, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained fracture of the clavicle besides cerebral concussion and lacerated wound on the forehead. He was initially admitted in the Jubilee Mission Hospital for one day and thereafter at his request he had been admitted in the Elite Mission Hospital at Trichur. He had total inpatient treatment for a period of 5 days. The discharge summary reveals and confirms fracture of the right clavicle and contusion on the head. Fortunately for him there is no serious head injury. : 2 : M.A.C.A.NO.326 OF 2010 3. The Tribunal has awarded reasonable amount on many heads. But the following requires reconsideration. Being a labourer aged 65 years and as the accident had taken in 2005, his income can be fixed at Rs.3,000/= and for a period of two months loss of earnings can be fixed at Rs.6,000/= of which only Rs.4,000/= is granted and therefore towards loss of earnings he is granted Rs.2,000/= more. For pain and sufferings, only a sum of Rs.6,000/= is seen granted. Considering the factum of suspected head injury coupled with fracture of the clavicle and the period of treatment, I enhance it to Rs.2,000/=. Considering the age of the person there would have been some temporary disability for him and therefore towards loss of amenities and enjoyment in life, I enhance it by Rs.2,000/= making an additional compensation of Rs.6,000/= 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 8% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of sixty days from the date of : 3 : M.A.C.A.NO.326 OF 2010 receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.326 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T