IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 153 of 2005(G) ----------------------------------- O.P(MV).NO.1435/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/APPLICANT: ------------------------------------ G.KARUNAKARAN @ MONIYAN, S/O.GOVINDAN, THALAYAMVILAKATHU, MELETHATTU, PUTHENVEEDU, ATHIYANOOR, THANNIMOODU P.O. THIRUVANANTHAPURAM. BY ADV. SRI.V.RAJAGOPAL, ADV. SRI.K.N.CHATHUKUTTY. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. RAMAKRISHNAN NAIR, TC.6/994, VATTIYOORKKAVU, P.T.P.NAGAR, PADAYANI ROAD, THIRUVANANTHAPURAM. 2. NIDHIN SASI, DO. DO. DO. 3. SUNIL KUMAR, BHAVANA HOUSE, THANNIMOODU P.O. THIRUVANANTHAPURAM. 4. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, ST.MARY VILLA, ULLOOR, THIRUVANANTHAPURAM. 5. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY, BRANCH OFFICE, RAMAKRISHNA BUILDINGS, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.M.RAMASWAMY PILLAI, ADV. SRI.P.M.JOSEPH, R4 & R5 BY SRI.RAJESH THOMAS. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.153 OF 2005 ===================== Dated this the 30th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyattinkara in O.P.(MV)No.1435 of 2001. The claimant an employee in a hotel sustained injuries in a road accident and he has been awarded a compensation of Rs.17,250/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that the claimant had sustained fracture base of 3rd and 4th meta tarsels of right foot, tenderness and oedema on the dorsum of right foot with small abrasion. He was treated in the hospital as an inpatient for a period of 10 days. The Tribunal has not awarded him any compensation for by stander expenses. I therefore grant him Rs.750/- towards by stander expenses and Rs.500/- towards transportation expenses. As he was aged 43 years and looking after a family and working in a hotel, I award him Rs.1,000/- towards loss of earning. Similarly on account of the injuries sustained, he would have suffered excruciating pain and had lost amenities and enjoyment in life for which I MACA 153/2005 -:2:- enhance the compensation by Rs.1,000/- each. Therefore the claimant will be entitled to an additional compensation of Rs.4,250/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,250/- with 7% interest on the said sum from the date of petition till realisation and the 4th respondent in the claim petition shall deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-