IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 MACA.No. 949 of 2005() --------------------------------- OPMV.829/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): /PETITIONER: ------------------------ RAJAN, S/O. VELU, AGED 28 YEARS, THENKARANKUNNIL HOUSE, COCHIN AUTO GARAGE, P.O. PULPALLY, S. BATHERY TALUK, WAYANAD DISTRICT. BY ADV. MR.ESM.KABEER RESPONDENT(S): RESPONDENTS ------------------------- 1. BABY, S/O. ULAHANNAN, MANAKKATHOTTATHIL HOUSE, P.O. CHEEYAMBAM, PULPALLY, S. BATHERY TALUK, WAYANAD. (OWNER OF JEEP KLW 3211). 2. NAZAR, S/O. USAIN, AGED 20 YEARS, MANNAMADUKANDY HOUSE, P.O. KODUVALLY, KOZHIKODE DIST., NOW RESI: AT CHETTAPALAM, GOPALAN NAIR'S BUILDING, P.O. CHETTAPALAM, PULPALLY, S. BATHERY TALUK, WAYANAD, (DRIVER OF JEEP KLW 3211, D.L. NO.316.92 W). 3. THE NEW INDIA ASSURANCE CO.LTD., KALPETTA BRANCH, P.O. KALPETTA, WAYANAD (POLICY NO.3176060453788). R3 BY ADV. MR.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 949 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)829/94. The claimant sustained injuries in a road accident. As a result of the accident he had sustained a fracture on the scapula on the left side and a lacerated wound on the scalp. He was treated as an inpatient in the hospital for a period of three days and the Tribunal has awarded him a compensation of Rs.6050/-. It is against that decision the claimant has come up in appeal. 2. Heard both sides. It is submitted that the claimant was a cleaner by profession and was aged 28 years at the time of the accident. I feel the following enhancement is necessary in this case. 3. On account of the fracture of the scapula with a lacerated wound on the head the claimant would have been prevented from doing any work for two months and the M.A.C.A. 949 OF 2005 -:2:- income at least should have been taken at Rs.1,200/- in stead of Rs.700/- and so he is entitled to an additional compensation of Rs.1,000/- under that head. Towards transport expenses and extra nutritious food I feel an amount of Rs.200/- more and Rs.300/- more has to be awarded as the amount granted by the Tribunal is grossly inadequate. Only Rs.200/- has been given for medical expenses but the injuries would reveal that he had a fracture with a lacerated wound on the scapula, I enhance it by Rs.500/-. Similarly towards bystanders expenses I award a sum of Rs.300/- as additional compensation. The Tribunal has only granted Rs.4,000/- towards pain and sufferings for a fracture as well as the wound. It appears to be inadequate. I enhance it Rs.2,000/-. Being a cleaner by profession he requires a strong hand for the reason his main job appears to be of physical exertion. I feel this could have subsisted for some time and would have caused loss of amenities and enjoyment in life. I grant him Rs.3,000/- under that head thereby entitling the claimant to have an additional compensation of Rs.7,300/-. M.A.C.A. 949 OF 2005 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,300/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/- M.A.C.A. 949 OF 2005 -:4:- M.N. KRISHNAN, J. = = = = = = = = = = M.A.C.A. No. 949 OF 2005 = = = = = = = = = = = J U D G M E N T 24th September, 2009