IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 489 of 2004() -------------------------------- OPMV.1070/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S):PETITIONER IN OP(MV): ----------------------- BAIJU, S/O. KUTTAPPAN, OUKKARAN HOUSE, ELINJIPRA P.O.,MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS.MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 & 2 IN OP(MV): -------------------------- 1. A.G.MOHAN, S/O. GOVINDAN NAIR, ALAKKATTU HOUSE, KOODAPUZHA P.O., VIA. CHALAKUDY. 2. MANAGER, UNITED INDIA INSURANCE CO., ZONE-B, BOMBAY-400 062. R1 BY ADV.MR.P.NARAYANAN KUTTY, MR.KRISHNA PRASAD. S R2 BY SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.489 OF 2004-C ............................................. Dated this the 7th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal in O.P.(MV).No.1070/1998 of the M.A.C.T, Irinjalakuda. The claimant, a 23 year old young man, working in a plastic company sustained injuries in a road accident and he has been awarded a compensation of Rs.19,000/= by the Tribunal with 9% interest. It is against that decision, he has come up in appeal. 2. I had perused the award and heard the learned counsel for all. A perusal of the award would reveal that the claimant had sustained a fracture on the calcaneum which was undisplaced and tenderness over right heel. He was treated as an inpatient for one day and thereafter he was on POP cast for 6 weeks. The claimant produced disability certificate for 9% but the Tribunal did not award any compensation on account of the disability for the reason that he was continuing to work and it has not affected his earning power. : 2 : M.A.C.A.NO.489 OF 2004-C 3. Being a plastic company worker, I feel his income can be fixed at Rs.2,000/= and for a period of three months the additional compensation would come to Rs.1,500/= more. When a person has sustained a fracture on the calcaneum which has affected his angle and movement certainly he would have suffered agony and pain and therefore, I enhance the compensation for pain and suffering by Rs.2,000/=. It is true that the claimant had not sustained any loss of earning power for the reason that he continues to do the job. But a young man at the age of 23 had suffered a fracture which had caused some disability which would certainly cause loss of amenities and enjoyment in life. I enhance that compensation by Rs.3,000/= thereby the claimant will be entitled to an additional compensation of Rs.6,500/= with 7.5% interest. 4. In the result, the appeal is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/= with 7.5% interest on the said sum from the date of the petition till the realisation and the respondent company is directed to deposit the said sum within 60 days : 3 : M.A.C.A.NO.489 OF 2004-C from the date of receipt of copy of the judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.489 OF 2004-C