IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 MACA.No. 357 of 2010() ---------------------------------- OPMV.516/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: -------------------------------------- K.C. JANARDHANAN , AGED 31 YEARS S/O.GOPALAN NAIR, SUDHEERAAS HOUSE MEPPADI PO, KOTTAPPADI VILLAGE, KAPPANKOLLY. BY ADV. SMT.CELINE JOSEPH RESPONDENT/RESPONDENT NO.5: ---------------------------------------------------- 1. THE NEW INDIA ASSURANCE CO. LTD., M.G.T. BUILDING, KALPETTA NORTH WAYAND (INSURER OF 9586 MOTORCYCLE, POLICY NO.3176060 466434893/65955. *ADDL. R2 & R3 IMPLEADED ADDL. R2: MANAGING PARTNER, THRIKAIPETTA TRAVELS LTD., THRIKAIPETTA, MEPPADI, (R.C. OWNER OF KL-12/1854 BUS). ADDL. R3: NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, P.B.NO.11, NOOR COMPLEX, MAVOOR ROAD, ARIYIDATH PALAM, CALICUT. (INSURER OF KL /12/1854). *ADDITIONAL RESPONDENTS 2 & 3 ARE IMPLEADED, VIDE ORDER DATED 17/06/2010 IN I.A.1411/2010. R1 BY ADV. SRI.M.JACOB MURICKAN ADDL. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 357 OF 2010 = = = = = = = = = = = = = = = Dated this the 29th day of September, 2010. 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) 516/99. The claimant, while riding as a pillion rider in a motorbike was bit by a bus resulting in injuries to him. The Tribunal awarded him a compensation of Rs.10,500/- and made the National Insurance Company namely R3 therein to pay the amount. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard both the sides. Learned counsel for the appellant would contend that the Tribunal has lost sight of an important injury namely fracture of the tibia and therefore has erred in fixing the compensation. She had made available before me a copy of the wound certificate which indicates that he was admitted on M.A.C.A. 357 OF 2010 -:2:- 3.6.99 and discharged on 7.6.99 and it is also noted in the wound certificate that he had sustained fracture of the tibia. The fracture of the tibia can be assumed also for the reason that there was swelling on the right leg middle third. When there is a swelling on the middle third of the leg it is possible to have a fracture of the tibia. Further in the first information report, the crime itself is registered u/Ss.279 and 338 IPC which also indicates the nature of the injury. Further the police constable who has recorded the First Information Statement has also seen the bandage over the leg. So I am convinced that the fracture of the tibia mentioned in the wound certificate after radiological examination is true and correct. When it is so he is entitled to some enhancements as follows. 3. When a contractor by profession sustains fracture on the tibia his profession will be restricted for about three months and so at the rate of Rs.2,100/- M.A.C.A. 357 OF 2010 -:3:- fixed by the Tribunal, the additional compensation entitled to would come to Rs.4,300/- under the head of loss of earnings. Similarly, I increase pain and sufferings compensation by Rs.4,000/- and loss of amenities by another Rs.4,000/-. Thus the claimant will be entitled to an additional compensation of Rs.12,300/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,300/- with 7.5% interest on the said sum from the date of petition till realisation and the National 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/-