IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 1108 of 2008() ----------------------- OPMV.2177/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) ----------------------------------------------------------- GIREESHKUMAR, AGED 34 YEARS, S/O.CHANDRAN, MEKKEL HOUSE, NALLALAM P.O., CALICUT-673 027. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. P.T.JOSE, PARTNER, BENZ AUTOMOBILES, ERNAKULAM (R.C.OWNER). 2. PUTHUPARAMBIL P.T.ANTONY, S/O.JOHN, AGED 49 YEARS, KALAPURATHUKANDIPARAMBA, NELLIKODE AMSOM DESOM, KOZHIKODE. 3. UNITED INSURANCE CO.LIMITED, DO-3, JOSE TRUST BUILDING, PB NO.3644, CHITOOR ROAD, KOCHI. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1108 OF 2008 ===================== Dated this the 4th day of December 2008 JUDGMENT This appeal is preferred against the award of the II Addl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.2177 of 2000. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.14,900/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. A perusal of the award would show that the claimant had sustained a fracture of left clavicle and abrasions on the scalp and hand. He was treated in the hospital as an inpatient for 8 days and he had continued treatment till 16.9.2000. Since he was undergoing treatment till 16.9.2000, which is more than 2 months, I feel loss of income has to be awarded for one more month, i.e. Rs.2,000/-. A person has sustained fracture of the clavicle and had undergone treatment for more than two months for him, certainly there would have been temporary disability and loss of amenities and enjoyment in life, for which I award a compensation of Rs.5,000/-. Therefore the claimant will be entitled MACA 1108/2008 -:2:- to an additional compensation of Rs.7,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7% interest on the same sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-