IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MACA.No. 1537 of 2004() ---------------------------------- OPMV.2628/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- BABY JOSEPH, S/O. JOSEPH, MALAYIL HOUSE, MUNDAVELIPADI, ATHIRAMPUZHA P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: ------------------------------------------------ 1. RADHAKRISHNAN, S/O. NARAYANAN, PUTHENPARAMBIL HOUSE, PRAVATTOM BHAGOM, ENGENDER P.O., ONAMTHURUTHU. 2. TOMES ALEX, S/O. THOMAS, KOTTARATHIL HOUSE, ONAMTHURUTHU P.O., KOTTAYAM. 3. THE NEW INDIA ASSURANCE CO. LTD., ETTUMANOOR. BY ADV. SRI.PMM.NAJEEB KHAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1537 OF 2004 ===================== Dated this the 7th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.2628 of 1998. The claimant sustained a fracture on the 3rd meta carpal and he was treated as an out patient in the hospital till 9.2.1995. He had also produced a disability certificate obtained after 8 years showing it as 4%. The Tribunal awarded a compensation of Rs.9,000/-. Dissatisfied with the award, the claimant has come up in appeal. 2. Heard both sides. On a perusal of the award, it is seen that there had been a fracture of the meta carpal. Meta carpal is a bone and the 3rd meta carpus is the middle portion of the hand, consisting of 5 slender bones numbered from the thumb side, meta carpals I through V. Each meta carpal consists of a body and two extremities. Being a 3rd meta carpus, it is the 3rd finger that has sustained fracture. Certainly being the middle portion of the hand, there may be some difficulties and loss of amenities for a short period of time at least. No compensation is granted under that head. I award a MACA 1537/2004 -:2:- sum of Rs.3,000/-. On all other heads the Tribunal has awarded just and reasonable compensation. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-