IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 MACA.No. 64 of 2010() ------------------------------ OPMV.3396/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ----------------------------------------- JAMES THOMAS, SON OF THOMAS, 2/937, KOYAPPATHODI QUARTERS, CIVIL STATION, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. K.NAZAR, SON OF MOIDU, KARYYAT, KAVILUMPARA POST, KOZHIKODE. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.17, KALLINGAL BUILDINGS, 3RD FLOOR, MAIN ROAD, VADAKARA, KOZHIKODE. R2 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 64 OF 2010 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)3396/02. The claimant, a 27 year old man sustained injuries and the Tribunal has awarded him a paltry compensation of Rs.3,000/-. It is against that decision the claimant has come up in appeal. 2. A perusal of the award itself would show that the claimant who was working as a clerk had sustained a fracture on the lower part of the radius. He was admitted in the National hospital, Kozhikode and had undergone treatment as inpatient for one day and thereafter as outpatient. I recalculate the compensation as follows. 3. Since no materials are available to show the exact loss of earnings I grant Rs.3,000/- towards loss of earnings per month for one month. Towards treatment considering the hospital where he M.A.C.A. 64 OF 2010 -:2:- is treated I award Rs.1,500/-, towards extra nourishment and transport I award Rs.500/-, towards pain and sufferings I award Rs.8,000/- and for the temporary disability and loss of amenities and enjoyment I award Rs.4,000/- making a total compensation of Rs.17,000/-. The Tribunal has awarded him Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.14,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,000/- with 7.5% interest on the said sum from the date of petition till 24th November, 2007 and from 11.1.10 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/-