IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 119 of 2007() ---------------------- OP(MV) NO.361/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- SULOCHANA, AGED 40 YEARS, W/O. RAMAKRISHNAN, KARATTUPARAMBIL HOUSE, AKAMPADAM, ERANJIMANGAD P.O., NILAMBUR (VIA), MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS 2 AND 3: ----------------------------------------------------------- 1. K. SHOUKATH, S/O. MOHAMMED, KOZHIKKADAN HOUSE, PALLIKKUTH P.O., CHUNGATHARA, MALAPPURAM DIST. 2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.RENI ANTO KANDAMKULATHY - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------- M.A.C.A.No. 119 OF 2007 --------------------------------------- Dated this the 6th day of October, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri in O.P(M.V) No. 361/2002. The claimant, a 30 year old man, labour by profession sustained an undisplaced fracture vertebra C7 and he was awarded a compensation of Rs. 9,525/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the Insurance Company. It is submitted that on account of the fracture of the vertebra, the claimant was inpatient in the hospital for 22 days. Besides fracture of the vertebra, he had an injury to ear as well as on the hand. Any fracture to the vertebra will have a long action and I feel the compensation awarded is totally inadequate. The Tribunal did not give him any compensation for loss of earning. Accident took place in the year 2001. I fix his income at Rs. 2000/-. He would have been prevented from doing any job for 2 months. I award an amount of Rs. 4,000/- under M.A.C.A.No. 119/2007 -2- that head. Similarly the compensation awarded for pain and suffering is also inadequate and that is only Rs. 6,000/-. I enhance it to Rs. 8,000/- that is Rs. 2,000/- more. Fracture of the vertebra would cause temporary disability and loss of amenities and enjoyment in life to a person. Therefore I award an amount of Rs. 6,000/- under that head. Therefore the claimant is entitled to get an additional compensation of Rs. 12,000/-. Therefore the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm