IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 MACA.No. 1976 of 2008() ---------------------------------- OP(MV).2358/2000 of II ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT(S): APPELLANT/PPETITIONER IN OPMV ------------------------ SIVADASAN, V.M., S/O. LATE PUTHIYANDI, AGED 38 YEARS, RESIDING AT VENNAKKADU MALAYIL HOUSE, KODUVALLY AMSOM, P.O.KODUVALLY, KOZHIKODE. BY ADVS.MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OPMV ------------------------- 1. RAMAKRISHNAN K., S/O. DEVAKIYAMMA, KOKKATTU HOUSE, O.P.BALUSSERY, KOZHIKODE. (OWNER OF KRZ 7700 JEEP) 2. MUHAMMED, PARAPPALLYIL HOUSE, O.P.VENNAKKAD, KODUVALLY, KOZHIKODE (DRIVER KRZ 7700 JEEP) 3. NATIONAL INSURANCE CO.LTD, D.O.II, P.B NO.811, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDATHUPALAM, CALICUT (INSURER OF KRZ 7700JEEP) R2 BY ADVS. MR.P.V.KUNHIKRISHNAN R3 BY MR.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1976 OF 2008 ............................................. Dated this the 23rd day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the IInd Additional Motor Accidents Claims Tribunal, Kozhikode in OP(MV)No.2358/2000. The claimant a 30 year old man sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.31,382/= with 7% interest. I find from the award that no compensation has been granted for pain and sufferings and only Rs.3,000/= had been granted for loss of amenities in life. The claimant was admitted in the Medical College Hospital on 29.9.2000 and discharged on 11.10.2000. Internal fixation was done and it was diogonised as a case of bimellelar fracture right ankle. At the time of discharge, he was directed not to put his foot down but to keep it always in a higher position. The wound gradually healed and on 3.11.2000 BK slab was reapplied. The Tribunal also found that the discharge certificate issued by the board is acceptable and accepted it as 4%. A fracture of the ankle is really painful M.A.C.A.NO.1976 OF 2008 : 2 : and the treatment which had extended for more than two months certainly would have caused him agonizing pain and therefore, I award a sum of Rs.10,000/= towards pain and sufferings. Towards loss of amenities, I increase it by Rs.2,000/= thereby entitling the claimant to have an additional compensation of Rs.12,000/=. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/= with 7% interest on the said sum from the date of the 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. The tribunal may consider the question of withdrawal sympathetically. M.N.KRISHNAN, JUDGE cl M.A.C.A.NO.1976 OF 2008 : 3 :