IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 1760 of 2006() ----------------------- OPMV.927/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): APPELLANT ----------------------- BHASKARAN NAIR, S/O.GOPALA PILLAI, POOVAKATHA SANTHA MANDIRAM, NEELESWARAM P.O., KOTTARAKKARA. BY ADVs. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. C.MURALEEDHARAN PILLAI (DRIVER), ANU BHAVAN, PADINJATTINKAR CHERRY, KOTTARAKKARA. 2. V.SHAMSUDHEEN, BIJU HOUSE (OWNER), MUSLIM STREET, KOTTARAKKARA, KOLLAM. 3. NATIONAL INSURANCE CO. LTD.,(INSURER) KOTTARAKKARA BRANCH OFFICE, UTHRADOM BUILDINGS Q.S.ROAD, PULAMON P.O. PIN- 691 531. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1760 OF 2006 --------------------------------- Dated this the 12th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Punalur in O.P.(MV) No.927/2002. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 6,100/- by the tribunal. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for both sides. The learned counsel for the appellant had made available before me for perusal the wound certificate which would reveal that the claimant had sustained abrasion on the left eyebrow, abrasion on the knee and a suspected fracture of the clavicle. A perusal of para 10 of the award would reveal that after taking X-ray plaster cast has been put on his shoulder and he got discharged on the same day itself for the reason that his son's marriage was fixed on the next day. Thereafter he was admitted in an Ayurvedic nursing home and certificate issued by the Ayurvedic physician would reveal about the clavicle dislocation etc. The tribunal found that he was doing the banking business and income tax assessed. But the tribunal did not grant any amount for loss of earning though it fixed income at M.A.C.A. 1760/2006 -2- Rs. 2,000/-. When a person is handicapped certainly he would not have been in a position to do any work and for his regular business he has to seek assistance. I am inclined to award an amount of Rs. 2,000/- towards loss of earning. It is true that an Ayurvedic bill for Rs. 2,000/- is seen produced before the tribunal. But no evidence is adduced to prove the same. But the fact remains that he had some problem with his shoulder. So taking into consideration those aspect, I am inclined to grant an amount of Rs. 1,000/- more towards medical expenses. When a person sustained a fracture or dislocation on the clavicle, certainly it would have caused pain and it would have prevented him from his day to day activities which will result in loss of amenities and enjoyment in life. Therefore I enhance the compensation for pain and suffering by Rs. 2,000/- and award a sum of Rs. 2,000/- towards loss of amenities and enjoyment in life. Therefore the M.A.C.A 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 shall deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm