IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 MACA.No. 1900 of 2005() ----------------------- OPMV.373/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: --------------------------------------- SUNIL JOSEPH, S/O. K.O. JOSEPH, KAITHACKAL VEEDU, KATTACHIRA P.O., KODANGOOR, KOTTAYAM. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. K.J. MATHEW, S/O. JOSEPH, KANKIRAKATTU HOUSE, ULLAYAM BHAGOM, CHEMAMPATHAL KARA, VAZHOOR VILLAGE,CHENGANACHERRY. 2. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., C.S.I. SQUARE, BAKER HILL, KOTTAYAM. R1 BY ADV. SRI.ALEXANDER GEORGE R2 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT & N.K.BALAKRISHNAN, JJ. ----------------------------------------------------------------------- M.A.C.A. No. 1900 of 2005- C ----------------------------------------------------------------------- Dated this the 20th day of July, 2011 J U D G M E N T R.Basant, J. Claimant is the appellant. The challenge is only against the quantum of compensation awarded. An amount of Rs.2,500/- along with the interest @6% per annum was awarded by the Tribunal. The insurer was made liable. Exts. A 1 to A6 were marked. The only relevant document is Ext.A6. We have been taken through a copy of Ext.A6. That clearly indicates that subsequent to the initial examination of the injured by the duty Medical Officer, he was referred to the Orthopaedic Surgeon, who confirmed crack fracture in lateral condyle of left tibia. Long leg slab was applied. He was treated with antibiotics and analgesics, it is seen. -2- M.A.C.A.1900/2005 2. The Tribunal by the impugned award directed payment of only an amount of Rs.2,500/-. According to the learned counsel for the appellant, the Tribunal had unfortunately omitted to take note of the fracture that was confirmed in the X-ray subsequent to the initial examination. The initial examination had shown only two external wounds, first of which is a lacerated wound of 4 x 3 c.m. long deep on the anterior aspect of the left leg. The F.I.R was registered accepting the fact that there was a fracture, the same having been registered inter alia under S. 338 I.P.C. The learned counsel for the appellant submits that the Tribunal erred in not taking into account the fact that the injury included a crack fracture to the lateral condyle of left tibia. This, in short, is the grievance raised. 3. We have heard the counsel. There is virtually no dispute that the police had proceeded under S.338 I.P.C. and that Ext.A6 reveals a crack fracture of the lateral -3- M.A.C.A.1900/2005 condyle of the left tibia. No other or better material is produced. We are satisfied that for the fracture an additional amount can be awarded taking into account the pain and suffering involved, the period of treatment and the application of long leg slab. We are satisfied that a total amount of Rs.10,000/- can be awarded as compensation. 4. Interest was awarded only @6% per annum. We are satisfied that interest @ 7.5% per annum can be awarded . 5. In the result: (a) This appeal is allowed in part. (b) In addition to the amount ordered by the Tribunal, the appellant is found entitled to receive a further amount of Rs.7,500/- as compensation. (c) The entire amount of compensation shall carry interest @ 7.5% per annum from the date of the petition to the date of payment. -4- M.A.C.A.1900/2005 (d) All other directions of the tribunal are upheld. R. Basant, Judge. N.K.Balakrishnan, Judge. rka