IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 783 of 2007() ---------------------- OPMV.655/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER ------------------------------------- BABU, S/O GOPALAN, NALPURAYIDATHIL HOUSE, ELIKULAM KARA & VILLAGE, KOTTAYAM DIST. BY ADV. SMT.A.K.RANI SRISHIJU VARGHEESE RESPONDENTS/ RESPONDENTS -------------------------------------------- 1. JUSSIN JOSEPH, S/O JOSEPH, KARITTU KAIPPANPLACKAL, ANICKADU VADAKUMBAGAM, CHEGALAM EAST VILLAGE, KOTTAYAM DIST. 2. SHIJO MATHEW, S/O MATHEW, KOLLAM PARAMBIL HOUSE, KANJIRRAMATTOM, AGALAKUNNAM P.O., KOTTAYAM DIST. 3. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., KANJIRAPILLY, KOTTAYAM DIST. BY ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 783 OF 2007 --------------------- Dated this the 2nd day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) 655/05. The claimant, who is a rubber tapper by profession, sustained injuries in a road accident. He was treated as inpatient in the Government Hospital for a period of one month. He had sustained fracture of the left tibia. The Tribunal fixed his income at Rs.2,000/- and awarded a total compensation of Rs.19,825/-. Aggrieved by that decision, the claimant has come up in appeal. 2. The fact that he was in the hospital for a period of one month would reveal that he was not in a position to do any work for a period of three months. Being a rubber tapper by profession unless he recovers fully, he cannot stand for a long time. Therefore, three months loss of earning has to be granted thereby enhancing the amount by Rs.1,000/-. It is true that no disability certificate is produced. But the factum of fracture coupled with one month's hospitalisation would reveal that there has been temporary disability MACA No. 783/07 2 for the claimant and that he would have suffered loss of amenities and enjoyment in life. I award an amount of Rs.5,000/- under that head. The accident took place in the year 2005 and he was treated as inpatient in the hospital for a period of 30 days. At the rate of Rs.75/- per day, I grant Rs.2,250/- towards bystanders expenses out of which Rs.1,500/- is already granted and thereby entitling the claimant to a compensation of Rs.750/- more. Thus, the claimant will be entitled to an additional compensation of Rs.6,750/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,750/- 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. 783/07 3