IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MACA.No. 414 of 2009() ------------------------------- O.P(MV) NO. .447/2005 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT: ------------------ CHINNAN NAIR, AGED 76 YEARS, S/O. ACHUTHAN NAIR, PANNIYATH, CHERUVANNOOR, P.O. FOREKE, KOZHIKODE DISTRICT. BY ADV. SRI.V.S. CHANDRASEKHARAN RESPONDENTS: ----------------------- 1. DEEPAK. B., S/O. BHASKARAN, AGE NOT KNOWN, TRUE COPY OF THE, 7/600, MELEPUNTHURAVILAKATH VEEDU, MARUTHANKIZHI, KENHIRAPARA P.O., THIRUVANANTHAPURAM. 2. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE DISTRICT. ADVS. SRI.P.V.KUNHIKRISHNAN FOR R1 SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- M.A.C.A.NO. 414 OF 2009 ------------------------------------- Dated this the 19th day of October, 2009. J U D G M E N T This is an appeal preferred againt the award of the Claims Tribunal, Kozhikode in OP (MV) No. 447/2005. The claimant a 73 year old man running a tea shop by profession sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs. 6,500/- with 7% interest. Dissatisfied with the same the claimant has come up in appeal. 2. The claimant has sustained a Colles Fracture and he was treated as an impatient from 19.12.2004. The claimant was immediately taken to a private Hospital namely, Koya's Hospital, Kozhikode. I recalculate the compensation as follows. On account of the fracture of the right hand which would affect the capacity to run a tea shop and therefore grant Rs. 3500/- on that head. I award a sum of Rs. 1000/- towards pain and Rs. 4000/- towards loss of earnings. I also grant Rs. 1500/- towards medical expenses.Rs. 1,500/- towards the loss of amenity of making a total of Rs. 11,500 out of which 6,500/- has been granted. M.A.C.A.NO. 414 OF 2009 2 Therefore, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 5,000/- with 7% interest from the date of the petition till realisation and the respondent is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE ln.