IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 608 of 2010(F) ----------------------------- OPMV.465/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER ------------------------------- AYOOB,S/O.HASSAN,KARIKKUMPARAMBIL HOUSE, CHILAVU KARA,KARIMANNOOR VILLAGE. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. RAFEEQ,S/O.SULAIMAN,PALLATHUPARA HOUSE, ONAMKULAM KARA,NEAR GROUND,VENGOLA VILLAGE. 2. A.K.SULAIMAN KUTTY,S/O.KOCHUMAKKAR ERAMTHURUTHIL HOUSE,ALAPPARA P.O,PERUMBAVOOR. 3. THE NEW INDIA ASSURANCE CO.LTD., PO NO.11,MUNDAKOTTAKAL CHAMBERS,K.K.ROAD, KANJIKUZHY,KOTTAYAM. ADV. SRI.A.C.DEVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 608 OF 2010 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)465/06. The claimant, a rider of the motorcycle, sustained injuries in a road accident when there was a collision between the motorcycle and a lorry. The Tribunal on a consideration of the materials granted a sum of Rs.53,000/- of which Rs.29,000/- represents medical expenses. 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 treated as an inpatient in the M.A.C.A. 608 OF 2010 -:2:- hospital from 15.3.06 to 24.3.06. He had sustained a depressed fracture on the frontal area besides a fracture on the left radius. In the radius fracture wire fixation was done. He was working as a priest in a mosque and the Tribunal awarded him three months loss of earnings at the rate of Rs.2,000/- per month. The Tribunal did not grant him any compensation for loss of amenities and it is also submitted that compensation awarded for pain and sufferings is inadequate. Being a 27 year old man I feel that the nature of injuries would have caused him severe problems because of the frontal bone depressed fracture. He would not have been in a position to do any job for four months because of this fracture as well as the fracture of the radius. Considering the year of the accident I fix the income at Rs.2,500/- per M.A.C.A. 608 OF 2010 -:3:- month and award four months loss of earnings which comes to Rs.10,000/- out of which Rs.6,000/- is seen awarded by the Tribunal. Therefore the claimant is entitled to an additional compensation of Rs.4,000/- under that head. Considering the nature, gravity and the prolonged treatment I am inclined to grant Rs.2,000/- more towards pain and sufferings. It is true that no disability certificate is produced in this case. But it is evident that there was a depressed fracture on the frontal bone it has to be elevated and debridement has to be done. Over and above this, his radius fracture has resulted in using K wire fixation and therefore it is certain that this young man should have suffered serious loss of amenities and enjoyment in life. So an amount of Rs.10,000/- is granted under that head. Thus M.A.C.A. 608 OF 2010 -:4:- the claimant is granted an additional compensation of Rs.16,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,000/- 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/-