IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 1693 of 2004() ----------------------------------- OPMV.2332/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER --------------------- ABDUL RAHIM, KAKKANATTU NADACKAL, ERATTUPETTA. BY ADV. SRI.C.S.SUNIL RESPONDENTS: RESPONDENTS ------------------------ 1. JOY THOMAS, CHITHIRA HOUSE, KOZHA PO., KURAVILANGADU. 2. SOMAN PILLAI S/O. SANKARA PILLAI, THEKKEDATHU KAROTTU, VAZHOOR P.O., KODUNGAOOR 3. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KOTTAYAM. BY ADV. SRI.RAJAN P.KALIYATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1693 OF 2004 --------------------- Dated this the 9th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) No. 2332/97. The appellant aged 37 years, a businessman by profession, sustained injuries in a road accident whereby he had suffered a communited fracture of the shaft of the humerous. He was treated as inpatient for 15 days. The Tribunal has referred to Ext.A11 series as the bills for treatment. 2. Learned counsel for the appellant would contend that the Tribunal has not considered the disability. But no disability certificate is seen produced before the Tribunal. It is further contended that the medical bill is for an amount of Rs.30,000/- whereas the Tribunal considered Ext.A11 series for Rs.13,500/-. There is nothing to prove it otherwise. 3. Considering the fact that he had sustained a fracture of the humerous he would have been prevented from attending any work for four months. Therefore, I award an amount of Rs.1,500/- more MACA No.1693/04 2 for loss of earning. Similarly on account of the fracture with internal fixation, there would have been considerable difficulties for him. I enhance the compensation for loss of amenities by Rs.5,000/-. Therefore, the claimant is entitled to an additional compensation of Rs..6,500/-. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps