IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 MACA.No. 504 of 2009() --------------------------------- OPMV.111/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- MOHAMMED.P.P., AGED 46 YEARS S/O.MOIDEEN KUTTY, KUZHIKKADANCHOLA HOUSE PO VELLAMBRAM ATHANIKKAL, MANJERI, MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN RESPONDENT/3RD RESPONDENT: -------------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD DIVISIONAL OFFICE, COURT ROAD, MANJERI. BY ADV. MR.A.A.MOHAMMED NAZIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.504 OF 2009 ............................................. Dated this the 15th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Manjeri in OP(MV)No.111/2003. The claimant, who was an employee in Gulf countries when came to India met with an unfortunate accident which resulted in fracture of the acromic clavicular joint with dislocation as well as fracture of the ribs. The accident took place in Maharashtra and he was initially treated in the hospital at Karad for two days and thereafter he was admitted in Al Shifa Hospital, Perinthalmanna where he had undergone inpatient treatment from 15.2.2002 to 25.2.2002 and had undergone a surgery on 16.5.2002. It is also seen that he was a chronic diabetic patient and he had visited the hospital at least on five other occasions after the discharge from the hospital. 2. The Tribunal in its award had not given elaborate details but had awarded a sum of Rs.22,553/= by way of medical expenses and a consolidated amount of Rs.42,903/= : 2 : M.A.C.A.NO.504 OF 2009 Since the accident had taken place at Maharashtra and the claimant has been brought from Maharashtra to the hospital at Perinthalmanna, it is certain that he would have incurred expenses for the same and somebody would have gone to fetch him as well. So, I award Rs.1,500/= towards transport expenses. The claimant on account of the fracture of the acromic clavicular joint with dislocation certainly would have suffered excruciating pain. Dislocation always causes more discomfort and agony and considering that aspect, I award a sum of Rs.3,000/= under that head. The man who has come on leave to spend a few days with his family was involved in an accident thereby his enjoyment has been curtailed, amenities had been reduced and therefore, I award a sum of Rs.5,000/= under that head making an additional compensation of Rs.9,500/=. The Tribunal has only awarded interest at the rate of 7% which has to be increased to 7.5% in the light of the Apex Court decisions. 3. Therefore, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,500/= with 7.5% interest from the date of the petition till realisation. : 3 : M.A.C.A.NO.504 OF 2009 The insurance company is also directed to pay interest at the rate of 7.5% in stead of 7% for the entire amount. The said amount shall be deposited within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.504 OF 2009