IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 MACA.No. 629 of 2010() ---------------------- OPMV.1167/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONER: -------------------------------------------- BHARGAVAN, VADAKKEPEEDIKACKAL, THYCAL P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. P.SIVASANKARA PILLAI, S/O.GOPALA P.PILLAI, GANGOTHRI, 1/82A, VILVATTOM PANCHAYATH, THRISSUR. 2. VINOD KUMAR P., S/O.THANKAPPAN NAIR, USHAS ANAPRA, VITHURA PANCHAYATH, THIRUVANANTHAPURAM. 3. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, PALARIVATTOM, ERNAKULAM. R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.629 OF 2010 ............................................. Dated this the 4th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Alappuzha in OP(MV)No.1167/2004. The claimant, a fish vender, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.30,000/= and directed the insurance company to pay the amount. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant has made available before me for perusal a copy of the document relating to the injury sustained and the treatment undergone. The claimant was admitted in the Medical Trust Hospital, Ernakulam on 14.7.2003 and discharged on 17.7.2003. He had a wound on the nose and upper lip. The main injuries were fracture of the nasal bone with nasal deformity and teardrop fracture of C4 on the cervical spine. Teardrop fracture means an avulsion fracture of one of the : 2 : M.A.C.A.NO.629 OF 2010 short bones, as a vertebra, causing a tear-shaped disruption of bone tissue. The award would further reveal that he had again undergone treatment in SNMM Hospital, Cherthala from 9.8.2003 to 17.8.2003 and again had visited the hospital in 2008 as well. He was also treated for swelling of the left hand. It is true that he produced a certificate showing income as Rs.96,000/= per annum and examined the Village Officer. But the Tribunal did not accept that certificate for the reason that the Village Officer has assessed the income without any proper materials. But considering the fact that he is a fish vender, I feel there is reason to fix his income at lest at Rs.3,000/= per month. So, the following enhancement can be granted to the claimant. 3. On account of the nasal deformity coupled with fracture as well as spine fracture, he would have been prevented from doing any work for three months and at the rate of Rs.3,000/= it would come to Rs.9,000/= out of which Rs.4,000/= is granted and so the claimant will be entitled to Rs.5,000/= towards actual loss of earnings. He had undergone long treatment and the injury had been painful. : 3 : M.A.C.A.NO.629 OF 2010 Considering the nature of the injuries and length of the treatment, I award Rs.4,000/= more towards pain and sufferings. Similarly fracture of the tissue of the cervical spine and nasal bone deformity would have caused loss of amenities and enjoyment in life for a long period and towards the same, I award an additional compensation of Rs.3,000/=. Thus the claimant will be entitled to an additional compensation of Rs.12,000/=. 4. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/= 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 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 : 4 : M.A.C.A.NO.629 OF 2010 : 5 : M.A.C.A.NO.629 OF 2010