IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 337 of 2008() --------------------------------- OPMV.845/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SREEDHARAN, S/O.VELAYUDHAN NAIR, AGED 58 YEARS, MULLAPPALLY HOUSE, MUTHERI, MALAPPURAM DISTRICT. BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THEKKEPLATHOTTATHIL SUNNY, S/O.VARGHESE, 43 YEARS, PALENGARA, KARULAI, P.O.KARULAI, MALAPPURAM DIST. (RIDER). 2. C.A.THOMAS, S/O.C.M.ABRAHAM, CHIRATHSIL HOUSE, P.O.PALENGARA (OWNER). 3. UNITED INDIA INSURANCE CO.LTD., NILAMBUR. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.337 OF 2008 ===================== Dated this the 24th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)No.845 of 2002. The claimant a 57 year old labourer by profession, sustained injuries in a road accident and he has been awarded a compensation of Rs.5,550/-. It is against that decision, the claimant has come up in appeal. Learned counsel had made available before me the wound certificate-cum-discharge card for perusal. It indicates that he was treated in the hospital as an inpatient for two days and that he had also suffered pain on the left hand, distal forearm,elbow and chest, heir line fracture of the 2nd meta carpel, etc. The Tribunal has not considered this aspect. Therefore, it has to be stated that he would not have been in a position to do any work for a period of one month for which I award him Rs.2,000/- towards loss of earning. On account of the hair line fracture of the 2nd meta carpel he would have lost his amenities and enjoyment in life, for which I award him Rs.1,500/-. Therefore the claimant will be entitled to a compensation of Rs.3,500/-. MACA 337/2008 -:2:- In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.3,500/- with 6% interest on the said 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/-