IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MACA.No. 460 of 2004() ---------------------- OPMV.545/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------- K.K.RAJAN, S/O.LATE KUNJAN KESAVAN VATHALLOOR, VADAKKETHIL, MANARCADU, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTA/RESPONDENTS: ------------------------------------ 1. BENNI.P.THOMAS, ALAVELIL HOUSE, MANARKADU, KOTTAYAM. 2. LALI GEORGE, W/O.RAJU.V.PHILIP CHIRAKKATTU HOUSE, MANARCADU,. KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD. DIVISIONAL OFFICE, MATTEETHARA BUILDING, KOTTAYAM. BY ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ======================== M.A.C.A.No.460 of 2004 ========================= Dated this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam, in OP(MV).No.545/99. The claimant sustained injuries in a road accident that is fracture of the 2nd, 3rd and 4th metarsal bones. He was treated as inpatient for one day and thereafter continued outpatient treatment in District Hospital, Kottayam. The tribunal has awarded a global amount of Rs.10,000/- taking into consideration that he had sustained toe fractures of minor nature. The factum that three toes are affected would have been certainly causing difficulty in his day to day activities and also for carrying his avocation. Taking into consideration that aspect, I feel there can be an enhancement of the compensation by Rs.3,000/-. Therefore, the M.A.C.A is partly allowed and claimant is awarded additional compensation of Rs.3,000/- with 7% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the said M.A.C.A.No.460/2004 2 amount within a period of sixty days from the date of receipt of a copy of this judgment. The amount deposited be disbursed to the claimant considering the long passage of time. M.N.KRISHNAN,JUDGE dvs