IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 478 of 2006() ---------------------------------- (OPMV No.416 of 2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA) APPELLANT/PETITIONER: -------------------------------------- TIJU GEORGE, S/O. GEORGE, AGED 32 YEARS, RESIDING AT THATTARUKUNNEL HOUSE, EAST KALOOR KARA, KUMARAMANGALAM VILLAGE. BY ADV. SRI.K.JAJU BABU RESPONDENTS: RESPONDENTS: ---------------------------------------------- 1. MAKKAR, S/O. KUNJAN PILLA, EERACKAL HOUSE, ENANALLOOR, KALAMPOOR, MUVATTUPUZHA. 2. KUNJUMOIDEEN, MUNDACKAL HOUSE, ENANALLOOR P.O., KALAMPOOR, MUVATTUPUZHA. 3. SHAJI, S/O. MAKKAR, EERACKAL HOUSE, -DO- -DO-. 4. THE ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA. ADV. SRI.M.JACOB MURICKAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 478 OF 2006 --------------------- Dated this the 23rd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 416/02. The claimant, aged 28 years claiming to be a rubber tapper, sustained injuries in a road accident. He had a fracture of the clavicle, lacerated injury on the scalp, on the temporal region, on the right leg, contusion over the toe and another lacerated injury on the nose. The radiological examination revealed fracture of the clavicle. MRI report showed posterior bulge of C4-C5, C5-C6 disc. The Tribunal did not accept the income claimed by the appellant but slashed it to 50%. 2. Considering the age of the person and nature of his occupation, I fix his income at Rs.2,000/-. Certainly he would not have been in a position to do any work for a period of three months as observed by the Tribunal. The claimant is entitled to an additional compensation of Rs.1,500/- towards loss of earning. It can be seen from the nature of injuries sustained by the claimant that he had not only sustained fracture of the clavicle and bulge of the spine but also MACA No.478/06 2 several lacerated injuries on the toe, face etc. He was treated as inpatient for 7 days. Certainly these injuries would have caused him pain and therefore, I enhance that compensation by Rs.2,000/-. It is true that no disability certificate is produced. But the fracture of a clavicle coupled with bulging of the spine certainly would have caused him agonizing pain for sometime which would have resulted in temporary disability and loss of amenities and enjoyment in life. Therefore, I enhance that compensation by Rs.2,000/-. On all other heads, the Tribunal has awarded a reasonable compensation. Therefore the claimant is entitled to an additional compensation of Rs.5,500/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,500/- 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 a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.478/06 3