IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 284 of 2007() --------------------------------- OPMV.741/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER -------------------- C.A.ARAVINDAN, AGED 57 YEARS, SON OF KUMARAN, PUNNACHOTTIL HOUSE, SOUTH PARUR, ERNAKULAM. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI RESPONDENTS: RESPONDENTS ------------------------ 1. A.U.THANKACHAN, S/O.ULAHANNAN, ALAPURAKKAL HOUSE, KULAPARACHAL P.O., RAJAKUMARY - 685 619. 2. N.S.SURENDRAN, S/O.SIVAN, NADUVILEDATH HOUSE, KALOOR EAST - 695 584. 3. THE ORIENTAL INSURANCE COMPANY LTD, REGIONAL OFFICE, ERNAKULAM, COCHIN - 682 018. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.UNNIKRISHNAN.V.ALAPATT FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 284 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)741/01. The claimant, an Assistant Sub Inspector of Police sustained injuries in a road accident. He had fracture on the left ulna, fracture on the 4th and 5th ribs. There was a fracture on left coracoid process and fracture on right shoulder besides abrasions and contusions all over the body. The Tribunal awarded a sum of Rs.19,059 and dissatisfied with the same the claimant has come up with this appeal. He was a passenger in a private vehicle and therefore the Insurance Company is entitled to be exonerated in the light of the decision of the Supreme Court in Tilak Singh's case, [United India Insurance Co. Ltd. v. Tilak Singh 2006 (2) KLT 884. The learned counsel would contend that the Tribunal did not consider loss of amenities and enjoyment in life at all to the 52 year old man. It deserves consideration. M.A.C.A. 284 OF 2007 -:2:- He had sustained fracture on both hands and abrasions and contusions all over the body which would have caused him great handicap and as the years progress it may cause him some difficulty as well. Therefore I feel this is a fit case an amount can be awarded for loss of amenities and enjoyment in life and I fix it as Rs.7,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 6% interest on the said sum from the date of petition till realisation and the first respondent in the claim petition is directed to make the payment within a period of ninety days from today. M.N. KRISHNAN, JUDGE. ul/-