IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MACA.No. 1217 of 2008() ---------------------------------- OPMV.481/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): ----------------------- K.PRABHAKARAN,S/O.APPU, "KOLLANCHERY HOUSE",KAKKODY,MAKKADA AMSOM, MORIKKARA DESOM,KOZHIKODE TALUK. BY ADV. MR.JOSE KURIAKOSE (VILANGATTIL) MR.M.C.ANTONY RESPONDENT(S): ------------------------- 1. T.V.BABU,S/O.GOVINDAN NAIR, MADAPPATTIL HOUSE,ELATTIL P.O,KOZHIKODE. 2. THE NEW INDIA INSURANCE COMPANY LTD, THRIPURI BUILDINGS,EAST NADAKKAVU,KOZHIKODE. R2 BY ADV. MR.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1217 OF 2008 ............................................. Dated this the 10th day of February, 2010. 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.481/2001. The claimant, a 51 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.27,500/=. Dissatisfied with the same, he has come up in appeal for enhancement. 2. Heard. A perusal of the award would reveal that the claimant has sustained a fracture of the clavicle and there was diffused orbital odema. The C.T. Scan did not reveal any serious problem. The Tribunal did not find any materials in relation to fracture of the zygoma. The claimant was aged 51 years at the time of the accident and the accident took place in the year 2000. It may not be on the higher side if the income is fixed at Rs.2000/= and for three months actual loss of earnings when it is calculated at the rate of Rs.2,000/= the claimant will be entitled to an additional compensation of Rs.1,500/=. The claimant was inpatient in a hospital for 17 : 2 : M.A.C.A.No.1217 OF 2008 days and at the rate of Rs.100/=, he is entitled to Rs.1,700/= of which only Rs.1,000/= is seen paid and therefore he is entitled to balance of Rs.700/= as compensation. Fracture of clavicle at the age of 51 would cause problems when one has to do manual works and certainly there would have been temporary disability and loss of amenities and enjoyment on account of the odema as well as facial injury to zygoma. Taking into consideration all these aspects, I am inclined to grant Rs.3,000/= more towards loss of amenities and enjoyment thereby entitling the claimant to have an additional compensation of Rs.5,200/=. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,200/= with 8% interest on the said sum from the date of petition till realisation and the respondent 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 : 3 : M.A.C.A.No.1217 OF 2008 : 4 : M.A.C.A.No.1217 OF 2008