IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 MACA.No. 294 of 2006() ---------------------- OPMV.3546/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER -------------------------- NARAYANAN.P, S/O.KELAPARAMESWARAN, SOUPARNIKA, 29/1625A, JAWAHAR ROAD, VYTTILA. BY ADV. SRI.A.VIJAYAKUMAR SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS ----------------------------------- 1. SUNIL JACOB, KOOMULLIL CHIRAKKADATHIL, VETTIKKAL.P.O, MULANTHURUTHY. 2. UNITED INDIA INSURANCE CO. LTD., KOZHIKODE. ADV. SRI.P.JAYASANKAR FOR R2 SRI.T.M.CHANDRAN FOR R1 SRI.RAJU PAUL C.OLICKAL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 294 OF 2006 --------------------- Dated this the 14th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 3546/98. The claimant sustained injuries in a road accident and the Tribunal awarded him a total compensation of Rs.26,000/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant has sustained fracture of the ulna and meta carpel besides lacerated wound on the hand. He was treated as inpatient in the hospital for 15 days. He was working in the Fisheries Department with a salary of Rs.3,289/-. His medical expenses has come to Rs. 4,408/-. He has also availed 43 days medical leave. 3. Considering the above particulars, towards leave compensation the claimant is entitled to Rs.4,700/- of which Rs.3,000/- is already granted. Thus, the claimant is entitled to an additional compensation of Rs.1,700/-. It is seen from the records MACA No. 294/06 2 that the claimant had a serious fracture on his hand which affected the ulna as well as the meta carpel. Certainly there would be temporary disability and loss of amenities and enjoyment in life to the claimant. Therefore, I enhance that compensation by Rs.4,000/-. As he was undergoing inpatient treatment in the hospital for 15 days, I enhance the attendant expenses by Rs.500/-. Therefore, the claimant will be entitled to an additional compensation of Rs.6,200/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,200/- with 7 % 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. 294/06 3