IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 MACA.No. 2131 of 2008() ----------------------------------- OPMV.928/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER ------------------------- SASI, S/.O.KUNJAPPAN, AGED 38 YEARS, KALLAMPARAMBIL HOUSE, THAZUVAMKUNNU VILLAGE, VELLARAMKALLU KARA, ERNAKULAM DISTRICT, NOW RESIDING AT KALLAMPARAMBIL HOUSE, VENGALLOOR KARA, THODUPUZHA TALUK, IDUKKI DIST. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): RESPONDENTS / ADDL. RESPONDENTS 4 TO 6 -------------------------- 1. LENIN, S/O.RAJU, KARUVELIPARAMBIL HOUSE PACHALAM KARA, ERNAKULAM DIST. 2. MRS. BINCY JOSE, THERUVANKUNNEL HOUSE NEAR ANGLO INDIAN SCHOOL,VADUTHALA, KOCHI.ERNAKULAM 682 023. 3. NATIONAL INSURANCE CO.LTD REPRESENTED BY ITS BRANCH MANAGER, N.I.L.KOCHI P.O.IST FLOOR, AJAY VIHAR M.G.ROAD,KOCHI-16 4. SIJO,S/O. VARGHESE,MANJALY HOUSE, THOKKUPARA P.O.,DEVIKULAM, IDUKI DIST. 5. S.D.PRASANNAN, PROPRIETOR, ANAND MANUFACTURING AND MARKETING ASSOCIATES KOVILAKAM, THIRUVANANTHAPURAM. 6. UNITED INDIA INSURANCE CO.LTD REPRESENTED BY ITS BRANCH MANAGER, THIRUVANANTHAPURAM. ADV. SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.G.HARIHARAN FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2131 OF 2008 --------------------------------- Dated this the 14th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.928/03. The claimant, a coolie worker aged 35 years, sustained injuries in a road accident and claimed a compensation of Rs. 60,000/- out of which the tribunal awarded Rs. 23,800/-. The tribunal also found that the accident took place on account of the negligence of 1st respondent in the claim petition and therefore made liable to respondents 1 to 3 jointly and severally. 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. In para 28 of the award it is stated that the claimant had sustained a compound fracture of the second phalanx and fracture of right zygoma besides lacerated wound on the forehead and injury on the nail of the right thumb. He was originally treated at Ansar Hospital, Perumbilavu and thereafter at Medical Mission Hospital, Kolencherry. He was treated as inpatient for 7 days as is evidenced by the discharge summary, Ext. A8. The learned counsel would contend that the compensation awarded is M.A.C.A.No. 2131/2008 -2- inadequate. It can be seen that the tribunal has committed a mistake by not referring to Ext. A10 series medical bills which would indicate that the claimant had spend Rs. 4,578/- towards medical expenses. But only an amount of Rs. 250/- is seen granted. I think it is an omission committed by the tribunal and therefore I award Rs. 4,000/- more towards medical expenses. It is true that there is no disability certificate produced. It can be seen that there had been a compound fracture and fracture of the zygoma. When a fracture is sustained on a finger that will also cause handicap and lot of inconvenience, temporary disability as well as loss of amenities. Taking into consideration that aspect, I am inclined to enhance that compensation also by Rs. 4,000/-, thereby enhancing it as Rs. 8,000/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 8,000/- with 7.5% interest on the said sum from the date of petition till realisation. The respondent Insurance Company namely the National Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm