IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 1206 of 2006(A) -------------------------------- OPMV.773/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/CLAIMANT ------------------------------ SUNIL, S/O.GOPINATHAN, RUGMINI NIVAS, PAZHOOR, PIRAVOM. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENTS/3RD RESPONDENT: -------------------------------------- NATIONAL INSURANCE CO. LTD., THRIPUNITHURA BRANCH, THRIPUNITHURA.P.O, THRIPUNITHURA. ADDL. R2: SABU V.R., VALIAPLACKIL HOUSE, MANGALATHUTHAZHAM, KOOTHATTUKULAM P.O. ADDL.R3: GOPALAKRISHNA MARAR, S/O KRISHNAN NAIR, KANNATTU HOUSE, PAZHOOR, PIRAVOM. ADDL.R2 AND R3 ARE IMPLEADED AS PER ORDER IN I.A.1475/06 DATED 8.8.08. BY ADV. SRI.JOE KALLIATH FOR R1 SRI.ALIAS M.CHERIAN FOR R2 SRI.BOBAN VARGHEESE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1206 OF 2006 = = = = = = = = = = = = = = = Dated this the 8th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)773/02. The claimant a 25 year old agriculturist sustained injuries in a road accident and he has been awarded a compensation of Rs.30,000/-. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had sustained a fracture on ulna and it would further show that open reduction and fixation was done and he was treated as an inpatient for a period of 10 days. The Tribunal did not grant the claimant any amount for actual loss of earnings. Agricultural operations are also a full time avocation and certainly when a person sustains a fracture on the hand he would have been prevented from attending the same and he would have appointed somebody else to do the work which M.A.C.A. 1206 OF 2006 -:2:- he was doing. The fact that he had a fracture with fixation I presume that he would not have been in a position to do any work for three months. At the rate of Rs.2,000/- per month I award Rs.6,000/- towards actual loss of earnings. The Tribunal has granted only Rs.8,000/- for compensation towards pain and sufferings. It is seen that there was an open reduction and fixation and his hand was in plaster cast. So I award Rs.2,000/- more towards pain and sufferings. Certainly, on account of these factors he would have been handicapped and there would have been temporary disability and loss of amenities and enjoyment in life for some point of time. Especially being a young man aged 25 years it would have caused him more agony. I enhance Rs.2,000/- under that head. Therefore enhancing the total compensation by Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 6% interest on the said sum from the date M.A.C.A. 1206 OF 2006 -:3:- of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-