IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 806 of 2008(C) ----------------------------------- O.P(MV).NO.2441/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ PETITIONER: -------------------------------------- P.B.XAVIER, AGED 69 YEARS, S/O.BASIL, QUARTER NO.226, KATARI BAGH, NAVAL BASE, COCHIN- 682 004, NOW RESIDING AT K.R.R.A 29, KUNNILAKKATTU ROAD, MARADU NORTH P.O., PIN 682 304. BY ADV. SRI.ANIL S.RAJ, SMT.K.N.RAJANI, SMT.ANILA PETER. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. P.F.JOHNSON, S/O.FRANCIS, PUTHUKARA HOUSE, P.O.PERAMANGALAM, TRICHUR. 2. T.K.JOY, S/O.KOCHAPPAN, THALAKKATTOOR HOUSE, NORTH OF ST.FRANCIS BOYS HIGH SCHOOL, MATTOM, ALOOR VILLAGE, TRICHUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, HOSPITAL ROAD, COCHIN- 682 011. ADV. SMT.K.C.BEENA FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.806 OF 2008 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.2441 of 2000. The claimant sustained injuries in a road accident. He was aged 61 years and the Tribunal awarded him a compensation of Rs.19,000/-. Dissatisfied with the same the claimant has come up in appeal. A perusal of the records would reveal that the claimant had sustained fracture of the transverse process L5 vertebra was detected. He was treated in the hospital as an inpatient from 28.6.2000 to 7.7.2000. It is submitted by him that he was under plaster cast for a period of 3 months. A man aged 61 years , who had sustained fracture of the vertebra, certainly would have been handicapped at least for a period of 3 months as contended and therefore I award Rs.3,000/- more towards actual loss of earning. Similarly, at this age it will affect his day-to-day life and there will be loss of amenities and enjoyment in life and further complication also will arise on account of the fracture caused to the vertebra. I enhance the compensation by Rs.2,000/- under that head also. MACA 806/2008 -:2:- In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- 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 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-