IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 MACA.No. 2581 of 2010() ----------------------------------- OPMV.2435/2009 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ------------------------------------------ GURU C., S/O.CHINNA THAMPY AGED 48, THOTTANGARA HOUSE, EROOR NORTH P.O., NADAMA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENT(S): RESPONDENTS --------------------------------------------------- 1. SHYAMALAN T.D., S/O.DIVAKARAN, THOPPIL HOUSE, EROOR NORTH P.O., THRIPPUNITHURA, NDAMA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682 306. 2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, MANIKKANAMPARAMBIL BUILDING, LAYAM ROAD, THRIPPUNITHURA P.O., ERNAKULAM-682 301. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2581 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)2435/09. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.17,000/- with 8% interest. Dissatisfied with the same the claimant has come up in appeal. Though the respondents are served so far nobody has entered appearance. 2. Heard the learned counsel for the appellant. The learned counsel had made available before me for perusal a copy of the wound certificate as well as the discharge card. Discharge card would reveal he had sustained a fracture on the clavicle and that he was treated M.A.C.A. 2581 OF 2010 -:2:- as an inpatient in the hospital between 14.11.09 and 16.11.09. He was aged 48 years. The learned counsel also made available me a photograph of the claimant in order to impress upon the Court regarding the disability of the person. Clavicle fracture normally is not a complicated fracture and it becomes complicated only when there is malunion of the fracture or formation of callus on the fracture site. No materials are available and therefore seeing a photograph the Court cannot come to the conclusion that there is disability. But still I find that the Tribunal should have been little more liberal in granting compensation. 3. He has been given loss of earnings only for 1½ months and I feel it must have been given for about three months and so I enhance the loss of earning capacity by Rs.3,000/-, I enhance the M.A.C.A. 2581 OF 2010 -:3:- compensation for pain and sufferings by Rs.2,000/- and loss of amenities and enjoyment by Rs.2,000/- thus making an additional compensation of Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 8% interest on the said sum from the date of petition 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/-