IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 2743 of 2009() --------------------------------- OPMV.358/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER ------------------------ KARUNAKARAN.P, S/O.KRISHNAN NAIR, MANIVAYAL HOUSE, KOTTANAD POST, MEPPADI, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): RESPONDENT NO.3 ------------------------------ THE BRANCH MANAGER, BRANCH OFFICE, THE NEW INDIA ASSURANCE CO.LTD., M.G.T.BUILDING, KALPETTA NORTH, WAYANAD DISTRICT. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE BY ADV. SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2743 OF 2009 ............................................. Dated this the 15th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kalpetta in OP(MV)No.358/2004. The claimant while travelling in an auto rickshaw sustained injuries and the Tribunal has awarded him a compensation of Rs.17,050/=. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant was about 33 years at the time of the accident. He is claiming to be a driver by profession. The learned counsel for the appellant had given for perusal a wound certificate issued by the Leo Hospital, Kalpetta which reveals that the claimant had sustained fracture of one third of the left ulna. He was treated as an inpatient in the hospital from 2.5.2004 to 7.5.2004. 3. I find that under some heads the amount awarded by the Tribunal is insufficient. Being a driver by profession : 2 : M.A.C.A.NO.2743 OF 2009 aged 33 years and as he had sustained fracture of the ulna, he would not have been in a position to work for two months at least. Therefore fixing the income at Rs.2,500/= per month, I award Rs.3,000/= more towards loss of amenities. The claimant should have suffered more as plaster cast was applied in his hand for a long time. Therefore, I award Rs.7,000/= more towards pain and sufferings. Similarly this would have caused loss of amenities and enjoyment in life for a definite period and there would have been some temporary disability as well. I award Rs.3,000/= more under that head. Similarly the interest awarded is only 6% which has to be raised to 7.5% as it is awarded in the light of the Apex Court decision. 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,000/= with 7.5% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. It is also made clear that for the amount already awarded also, : 3 : M.A.C.A.NO.2743 OF 2009 the insurance company is liable to pay interest at the rate of 7.5%. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.2743 OF 2009