IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 MACA.No. 1268 of 2009(E) ----------------------- OPMV.185/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV: ---------------------------------------------- GEORGE, S/O.ITTIRA, ALOOKKARAN HOUSE, KADUPPASSERRY DESOM VILLAGE AND POST, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV: -------------------------------------------------- 1. E.A.JAMAL, S/O.PATHUMMA, EDATHOTTIL HOUSE, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY. 2. MADHU, S/O.PARAMESWARAN, CHETTIKKATTIL HOUSE, KIZHAKKEPPURAM, KOTTUVALLI VILLAGE, PARAVUR TALUK , ERNAKULAM. 3. UNITED INDIA INSURANCE CO. LTD., KALAMASSERY. ADV. SRI.A.A.MOHAMMED NAZIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1268 OF 2009 = = = = = = = = = = = = = = = Dated this the 1st day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)185/04. The claimant, a 54 year old police official, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.51,200/-. Dissatisfied with the same he has come up in appeal. 2. Heard the learned counsel for the appeal as well as the insurance company. A perusal of the award would reveal that the claimant did sustain an acromio clavicular dislocation with fracture of maxillary sinus and zygomatic arch. There was also a minimal displacement of the maxillary wall. He was on commuted leave for 47 days, earned leave for 33 days and half pay leave for 41 days. The salary was shown as Rs.9,599/- per month. It is true that the Tribunal has restricted it to Rs.7,000/- M.A.C.A. 1268 OF 2009 -:2:- but at the same time it can be seen that hospital allowance is one which they get when injured in the course of employment or in an accident. Therefore the award of Rs.28,000/- towards loss of earnings is more than sufficient in this case. 3. Now the claimant has produced a disability certificate which has not been adequately considered. The age of the person when connected with the nature of the injuries certainly would cause him much inconveniences. The fracture of the sinus and the zygomatic arch would certainly cause him handicap. He may not have been able to take even hard food. Similarly the subluxation and fracture will affect the movement of the hand especially when considered with the age. Therefore taking into consideration these broad aspects I am inclined to give Rs.3,000/- more towards pain and sufferings and Rs.4,000/- more towards loss of amenities and enjoyment in life. M.A.C.A. 1268 OF 2009 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-