IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 MACA.No. 162 of 2009() ---------------------- OPMV.249/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ V.N.MOHANAN, S/O.NANDAN, VADAKKEKKARA HOUSE, ANANDAPURAM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. ANILKUMAR C.K., S/O.KUNJAPPAN, CHEMMATHIPARAMBIL HOUSE, MALAYATTOOR VILLAGE, DESOM, NEAR HIGH SCHOOL, ERNAKULAM DISTRICT. 2. SMT.SHANTHI PADMAKUMAR, POLICE QUARTERS NO.122, R.V.PURAM, THRISSUR. 3. THE BRANCH MANAGER, UNITED INSURANCE COMPANY LTD., THRISSUR. 4. K.RADHAKRISHNAN, S/O.SANKARAN NAIR, KARIKKATTU HOUSE, EDATHIRINJI VILLAGE, DESOM, THRISSUR DISTRICT. 5. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R5 SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.162 OF 2009 ............................................. Dated this the 9th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.249/2001. The claimant, an employee in the Postal Department, sustained fracture of the metacarpal and availed 51 days leave and the Tribunal has awarded him a compensation of Rs.19,400/=. It is against that decision, the claimant has come up in appeal. 2. At the outset it has to be stated that there is a calculation mistake in the award. As per the Tribunal's award, the amount would come to only Rs.18,600/= whereas it was granted Rs.19,400/=. By calculating 51 days’ loss of leave, there will be an addition of Rs.900/=. So I do not want to disturb the finding of the Tribunal on that basis. 3. Now the learned counsel contended that this man has to take 51 days’ leave and there had been loss of amenities and enjoyment in life and he has taken nutritious : 2 : M.A.C.A.No.162 OF 2009 food for the rapid recovery of the health condition. 4. Taking into consideration all those aspects, I am inclined to grant Rs.500/= for extra nourishment and Rs.3,000/= for loss of amenities and enjoyment in life thereby entitling the claimant to have an additional compensation of Rs.3,500/=. 5. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,500/= with 7% interest on the said sum from the date of the petition till realization and the respondent insurance company is directed to deposit the said amount 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 : 3 : M.A.C.A.No.162 OF 2009 M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.162 OF 2009