IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 MACA.No. 1191 of 2010() ----------------------- OPMV.173/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV): ----------------------------------------------------------- SIVARAMAN, S/O.MAMMAN, PERUMBALA HOUSE, WEST KOMBARA, MANAVALASSERY VILLAGE, IRINJALAKUDA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. P.C.SEBASTIAN, SIGN WORLD INTERNATIONAL, DOOR NO.59/3076, PARAMARA ROAD, KOCHI. 2. VINOD.V., S/O. VISWAMBARAN, PUTHULAL NIKATH HOUSE, PANAVALLAY P.O., CHERTHALA. 3. NATIONAL INSURANCE CO.LTD., SOUTH JUNCTION, CHITTOOR ROAD, ERNAKULAM. R3 BY ADV. SRI.E.M.JOSEPH,SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1191 OF 2010 ............................................. Dated this the 18th day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.173/2006. The claimant, a 49 year old man employed in Post Office, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.21,100/=. Dissatisfied with the same, he 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 scapula and contusion over the chest. He was an inpatient in a hospital for two days and he was forced to take leave almost for a month on account of the ailment. Taking into consideration all those aspects, the Tribunal has awarded the compensation. The Tribunal did not consider the disability certificate produced by the claimant on the ground that it has not been proved. 3. The learned counsel for the appellant had made available before me for perusal a copy of the disability : 2 : M.A.C.A.NO.1191 OF 2010 certificate. It shows that there is limitation of movements as well as difficulty in lifting the hand and for weight bearing. So at the age of 49 when such a fracture is sustained, it may not be directly result in loss of earnings but it will affect the day to day activities of the man. It is also to be stated that as the age progresses it will also correspondingly increase. Therefore taking into consideration these aspects, I am inclined to grant an additional compensation of Rs.6,000/= more towards loss of amenities and enjoyment in life. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7% 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.1191 OF 2010 : 4 : M.A.C.A.NO.1191 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T