IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 MACA.No. 793 of 2005() --------------------------------- OPMV.595/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: ------------------------ KUMARAN, S/O. VELAYUDHAN, KAINAPARAMBIL HOUSE, P.O. PAZHUVIL, THRISSUR. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.SREEKANTH.K.R RESPONDENT(S): RESPONDENTS ----------------------- 1. G. VELMUGHAN, S/O. GOVINDA RAJ, 28, PILLAYAR KOVIL STREET, VELLUR-4. 2. R. SEKHAR, S/O. RAMAKRISHNAN, BASE NO.1, HOUSING BOARD VELLUR, NEAR MURUGHA THEATRE, SATHACHARI DESOM, ARTHAT, VELLUR-9. 3. M/S. THE ORIENTAL INSURANCE CO.LTD., BRANCH VELLUR, TAMIL NADU. ADV. SRI.P.V.JYOTHI PRASAD FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 793 OF 2005 --------------------------------- Dated this the 13th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.595/1995. The claimant, driver by profession, sustained injuries in a road accident and he has been awarded a compensation of Rs. 15,940/-. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the claimant as well as the Insurance Company. The claimant had sustained a lacerated wound as well as a fracture on the 9th and 10th ribs right side. He was inpatient in the hospital for 11 days. The tribunal fixed his income at Rs. 1,500/-and awarded a sum of Rs. 3,000/- towards loss of earning. The accident was in the year 1995 and the income taken is only just. So also the tribunal awarded all other heads. But it has awarded Rs. 7,000/- towards compensation for pain and suffering, Rs. 3,000/- towards loss of amenities and enjoyment in life. It has to be remembered that the claimant is a driver by profession. The fracture of the ribs is normally treated conservatively and certainly it can cause problems especially when one's profession is that of a M.A.C.A.No. 793/05 -2- driver. Certainly it would have caused him some difficulty in breathing when the ribs are fractured. The factum of 11 days hospitalisation also would reveal the same. Therefore I am inclined to enhance the compensation for pain and suffering by Rs. 3,000/- and loss of amenities by Rs. 2,000/-. Thus the claimant is entitled to get an additional compensation of Rs. 5,000/-. Therefore the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 5,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm