IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 MACA.No. 65 of 2010(B) ---------------------------------- [O.P(MV).NO.438/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR] .................... APPELLANT/PETITIONER: ------------------------------------- KUNDANKADAVAN MOHAMMED ABDUL RAHMAN, 58 YEARS, S/O.MAMMED, RESIDING AT KUNDANKADAVAN HOUSE, COURT ROAD, PARAPPANANGADI POST, NEDUVA VILLAGE, TIRURANGADI TALUK. BY ADVS. SRI.R.SREEHARI, SRI.M.S.VINEETH. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. M.MOHAMMED KOYA, S/O.ABDUL SALAM HAJI, 54 YEARS, MANARIKKAL HOUSE, JAYAKERALA ROAD, PUTHERIKKAL, PARAPPANANGADI POST. 2. V.P.HAMEED, S/O.ABOOBACKER, 48 YEARS, VEEPEES HOUSE, COURT ROAD, PARAPPANANGADI, MALAPPURAM DISTRICT. 3. NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, K H BUILDING, THAZHEPALAM, TIRUR. R3 BY ADV. SRI.P.G.GANAPPAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 65 OF 2010 = = = = = = = = = = = = = = = Dated this the 21st day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV) 438/06. The claimant, a 57 year old cycle shop owner, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.7,860/-. 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 and the documents would reveal that the claimant had sustained injuries near Gundalpet in Karnataka State. He had a fracture on the scapula and also injuries on both thighs. He was treated in the hospital and later was taken to the native place at Parappanangadi. He has expended a sum of Rs.1,856/- towards medical M.A.C.A. 65 OF 2010 -:2:- expenses. I feel that the Tribunal has not awarded proper compensation on many heads and therefore I award the following additional compensation. 3. No amount is seen awarded to loss of earning. Certainly he would have been deprived from doing any work for two to three months on account of the fracture of the scapula and injuries on the thighs. I award Rs.5,000/- towards loss of earnings. The injuries on the thigh as well as the fracture would have caused him agonizing pain and towards pain and sufferings I award Rs.5,000/- more. Certainly at the age of 55 sustainment of fracture would amount to temporary disability and loss of amenities towards which I grant Rs.4,000/-. He was taken from Gundalpet to Parappanangadi and considering the distance I award Rs.1,000/- more towards transport expenses. Therefore the claimant is awarded an additional compensation of Rs.15,000/-. M.A.C.A. 65 OF 2010 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 7.5% interest on the said sum from the date 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/-