IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 1177 of 2006() ----------------------- OPMV.96/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------------------------------- THUPRAN, AGED 66 YEARS, MANNILKAITHAKKANPARAMB HOUSE, GANDHIKKUNNU, MANNATTIPPADI P.O., VENGARA P.O., MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT/ 3RD RESPONDENT --------------------------------------------- UNITED INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, MANJERI. BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1177 OF 2006 --------------------- Dated this the 22nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 96/02. The claimant, a 62 year old labourer by profession, sustained injuries in a road accident. He had suffered a fracture of the tibia and also a fracture on the left side of the pubic ramus. He was treated as inpatient in the hospital. The Tribunal awarded him a compensation of Rs.18,750/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Learned counsel would submit that the Tribunal has not taken note of the pain and suffering that the claimant had suffered. Considering the fact that he had a fracture of the tibia as well as pubic ramus, I enhance the compensation for pain and suffering by Rs.2,000/-. It is true that no disability certificate is produced. But when a 62 year old man suffers two fracture, there would have been loss of amenities for a considerable period of time. Taking note of that fact, I am inclined to grant Rs.5,000/- under that head. On all MACA No.1177/06 2 other heads, the Tribunal has awarded a just and reasonable compensation. Therefore, the claimant is entitled to an additional compensation of Rs.7,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 6% interest on the said sum from the date of petition till realisation. 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 vps MACA No.1177/06 3