IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 2038 of 2005(B) ------------------------------------- O.P(MV).NO.1156/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/CLAIMANT: ----------------------------------- CHANDRAN, S/O. CHENNAN, MARADA HOUSE, AMBALAKUNNU, CHUNGATHARA POST, MALAPPURAM. BY ADV. SRI.VINOD VALLIKAPPAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SABU, S/O. JOSEPH, PANKOTTIL HOUSE, KATTUMUNDA, MAMPAD POST, MALAPPURAM. 2. SAKKEER, S/O. IBRAHIM, AMBAYATHINGAL HOUSE, EDAVANNA POST, MALAPPURAM. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, ARAFA BUILDING, MANJERI, MALAPPURAM. BY ADV. SMT.P.A.REZIYA - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2038 OF 2005 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1156/01. The petitioner was aged 27 years. He sustained a pisi form bone fracture and fracture of the metal carpel forth third region right form. This pisi form bone is one which articulates with the triangular bone and is attached to the flexor retina colum, flexor carpi ulnaris and the abductor digiti minimi. So it is certain that these injuries coupled with fractures would have resulted in temporary loss of amenities of the appellant for few months. As per the award of the Tribunal nothing is given under the head of actual loss of earnings, loss of amenities etc. So taking into consideration the nature of the injuries sustained and the gravity of the fracture, I am inclined to enhance the compensation by Rs.5,000/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation from the respondents. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of the judgment. M.N.KRISHNAN, JUDGE vps