IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 MACA.No. 1166 of 2009() ------------------------------------ OPMV.360/2003 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /APPELLANT ---------------------------------- K.KRISHNAN,AGED 44 YEARS,S/O.MR.APPU, THEKKEKONARMBATHU,P.O.PERUVAYAL, KOZHIKODE. BY ADVS.MR.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS ------------------------- 1. SURESH,S/O.OF KUNHAN,VALIYA PARAMBIL HOUSE,P.O.NELLIKODE,KOZHIKODE. 2. THE BRANCH MANAGER,THE NEW INDIA ASSURANCE CO.LTD,TRIPURI BUILDING,EAST NADAKKAVU, KOZHIKODE-673011. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1166 OF 2009 ............................................. Dated this the 22nd day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.360/2003. The claimant while standing on the Kozhikode-Mavoor road was hit by an auto rickshaw resulting in injuries to him. He was immediately taken to the nearby Baby Memorial Hospital and it is revealed that he had an abrasion on the right knee left elbow and soft tissue injury on the right knee. The radiological examination did not reveal any fracture. As the patient refused to be treated as an inpatient, he was discharged. Immediately he had gone to the Medical College Hospital and he was treated as an inpatient there from 20.9.2002 to 25.9.2002 which revealed that he had contusion on the chest, contusion on the hip and dislocation of the right hip joint. The Tribunal unfortunately awarded only a sum of Rs.1,000/= and it is for the enhancement of that amount, this appeal is preferred. 2. The claimant as a 39 year old Painter by profession : 2 : M.A.C.A.NO.1166 OF 2009 certainly when he sustains dislocation of the hip coupled with other injuries, he would have been prevented from doing work for a period of 6 to 8 weeks. Therefore, I award a sum of Rs.4,000/= towards loss of earnings considering his avocation as a painter by profession. It is seen that X-ray of pelvis,femur and knee were taken from the private hospital and thereafter he had gone to Medical College Hospital. Therefore taking into consideration all these aspects, I am inclined to award Rs.1,000/= towards treatment expenses. He was an inpatient in the hospital for 5 days and towards by stander's expenses, extra nourishment and damage to clothing, I allow a sum of Rs.1,000/=. Certainly on account of the injuries sustained and especially dislocation of the hip joint, he would have suffered pain for which I grant a sum of Rs.4,000/= thereby making a total compensation of Rs.10,000/= out of which only Rs.1,000/= is awarded. Therefore, he is entitled to an additional compensation of Rs.9,000/=. 3. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/= : 3 : M.A.C.A.NO.1166 OF 2009 with 7.5% interest on the said sum from the date of the petition till realisation and the 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