IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 MACA.No. 420 of 2007() ---------------------- OPMV.1476/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SAJEEV ISSAC @ SAJI ISSAC, NEDUMPILLIL HOUSE, NELLIMATTOM P.O., KOTHAMANGALAM. BY ADV. SRI.M.C.ANTONY RESPONDENT(S): RESPONDENTS -------------------------- 1. SHAJU P.K., S/O PAULOSE, PEECHAKARA HOUSE, NELLIKUZHI P.O., KOTHAMANGALAM. 2. P.K.SAJEEV, INDIAN OIL DEALER, ADIMALY, IDDUKKI DISTRICT. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., CARMEL CENTRE, MUNNAR P.O. ADV. SRI.K.S.HARIHARAPUTHRAN FOR R1 & 2 SRI.GEORGE MATHEW FOR R1 & 2 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.420 OF 2007 ............................................. Dated this the 26th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Muvattupzuha in OP(MV)No.1476/2003. The claimant, a cleaner by profession, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.13,780/= and directed the insurance company to pay the amount. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the other parties. The Tribunal has dealt with the matter in para-27 of the award. It is seen that the claimant had sustained swelling on the right shoulder which on investigation revealed as acromic clavicular fracture. Besides this, he had a lacerated wound of 6x2x1cm over the occipital area. He was treated as an inpatient in a hospital from 17.6.2003 to 21.6.2003. Considering the materials available, I feel that enhancement is necessary on the following heads: 3. The Tribunal has only granted loss of earnings as : 2 : M.A.C.A.No.420 OF 2007 Rs.2,000/=. It is certain that he would not have been in a position to do works for at least 4 to 6 weeks and I enhance that amount by Rs.1,000/=. Towards pain and sufferings also I increase the compensation by Rs.1,000/=. Being a cleaner by profession, the sustainment of clavicle fracture would have been caused temporary disability and enjoyment in life for which I enhance the compensation by Rs.3,000/= thereby making an additional compensation of Rs.5,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 8% interest from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.420 OF 2007 : 4 : M.A.C.A.No.420 OF 2007