IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 356 of 2005(G) ---------------------- OPMV.498/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): /CLAIMENT -------------------------------- SHAJAN,S/O.MONI, THAIMACKAL (H),THALAMALI TRIBAL SETTLEMENT, KORANGATTI P.O.,ADIMALI VILLAGE. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S)/RESPONDENT: ---------------------------------- 1. PREM KUMAR G.,S/O.GOPALAKURUP, RATNALAYAM,CHITHIRAPURAM,KORANGATTI P.O. 2. K.O.JOY,KALLARACKAL (H), MATTUKADU,BAISONVALLY P.O. 3. UNITED INDIA INSURANCE CO.LTD., MUNNAR. ADV. SMT.S.JAYASREE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 356 OF 2005 = = = = = = = = = = = = = = = Dated this the 4th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)498/02. The claimant sustained injuries in a road accident as a result of which he had a fracture on the distal end of right radius. He has produced medical bill for Rs.7,085/- and had been hospitalised as an inpatient for two days. The Tribunal has awarded him a global compensation at Rs.8,000/- and it is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for both the sides. I feel the Tribunal has erred in fixing the amount globally and it should have been calculated on the per head basis so that a precisely correct amount should have been awarded as compensation. I proceed to re-fix the compensation as follows. M.A.C.A. 356 OF 2005 -:2:- 3. Towards medical expenses I award a sum Rs.800/- towards bystanders expenses and extra nourishment I award Rs.300/- each, towards transport expenses I award Rs.400/-. He would not have been in a position to do any work for a period of two months and at the rate of Rs.2,000/- per month I award Rs.4,000/- towards loss of earnings. Certainly the fracture on the hand would have caused him pain. I award a sum of Rs.5,000/- for pain and sufferings and towards temporary loss of amenities Rs.3,000/- is granted thereby making a total compensation of Rs.13,800/- since Rs.8,000/- has already been awarded the claimant will be entitled to an additional compensation of Rs.5,800/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,800/- with 7.5% interest on the said sum from the date of petition till realisation and the respondent, 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/-