IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 2039 of 2008() ----------------------- OPMV.3619/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER:- ------------------------------------ C.P.KRISHNAN, AGED 54 YEARS, SON OF NAYADI, PARAMBIL KUDIYIL TAZHAM HOUSE, FEROKE POST, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. K.FAIZAL, KARAYINGAL HOUSE, 15/283, FEROKE , KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, SEEMA TOWER, KALLAI ROAD, KOZHIKODE. ADV. SRI.K.P.SUDHEER FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2039 OF 2008 ===================== Dated this the 15th day of December 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.3619 of 2002. The claimant, a 49 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.2,500/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Learned counsel for the appellant had made available before me a copy of the discharge summary given by Koya's Hospital, Feroke where the claimant had undergone treatment. The claimant was admitted in the hospital on 15.11.2001 and discharged on 17.11.2001. It is revealed that he had pain and tenderness over the right wrist and radiological examination proved that he had a fracture of the radial styloid process and POP cast was applied. He had expended a sum of Rs.975.90 for medical treatment. With this, I recalculate the compensation as follows: On account of the injury sustained he would not have been in a position to do any work for a period of 4 to 6 weeks. I award Rs.2,000/- for actual loss of earning, MACA 2039/2008 -:2:- Rs.975/- towards medical expenses, Rs.700/- towards bystander and damage to clothing, Rs.5,000/- towards pain and suffering. Certainly on account of the injuries sustained, he would have caused loss of amenities and enjoyment in life, for which I award him Rs.2,000/- thereby making a total compensation of Rs.10675/- out of this Rs.2,500/- has already awarded. Therefore the claimant will be entitled to an additional compensation of Rs.8,175/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,175/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-