IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 MACA.No. 1987 of 2010() -------------------- OPMV.83/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................ APPELLANT / PETITIONER: ---------------------------------------- K.T.KASIM, S/O.HAKKEEMUDHEEN, AGED 34 YEARS, PATTARTHODI HOUSE, NR. PAYYANAKKAL KAVU, KALLAI POST, KOZHIKODE. BY ADVS. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): ------------------------- 1. M.SURESH, S/O. ACHUTHAN, AGE NOT KNOWN, RESIDING AT KUNNATH PARAMBA, MEENCHANTHA POST, KOZHIKODE. 2. YOONUS.K.S., S/O. SHAMSUDHEEN, AGED 27 YEARS, FATHIMA MANZIL, NOORADI POST, TIPPU SULTHAN NAGAR, PALAKKAD. 3. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, SEEMA BUILDING, G.H.ROAD, KOZHIKODE. R3 BY ADV. SRI.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1987 OF 2010 = = = = = = = = = = = = = = = Dated this the 6th 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, Kozhikode in O.P.(MV) 83/07. The claimant, a tailor by profession, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.25,418/-. 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 show that the claimant had sustained a fracture on the tibial spine and lateral tibial condyle besides other abrasions and contusions on all other parts of the body. He was treated as an inpatient from 27.11.06 to 8.12.06. He had expended Rs.1,684/- for medical expenses but in the absence of name in few bills the M.A.C.A. 1987 OF 2010 -:2:- Tribunal only granted Rs.1,168/-. I feel the Tribunal has been reasonable under some heads and unreasonable under some other heads. Therefore it has become necessary for this Court to recalculate the compensation. 3. Towards transport expenses I grant an amount of Rs.500/-, towards damages to clothing I grant an amount of Rs.250/-. Towards loss of earnings an amount of Rs.8,000/- is awarded, towards additional medical expenses Rs.5,00/- is given and for pain and sufferings the amount is fixed at Rs.15,000/- and towards loss of amenities on account of the fracture of the tibial condyle coupled with the fact that he is a tailor, it is fixed at Rs.6,500/-. Therefore the claimant will be entitled to an additional compensation of Rs.30,750/- out of which the Tribunal has already awarded Rs.25,418/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,332/- M.A.C.A. 1987 OF 2010 -:3:- which I round as Rs.5,350/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,350/- with 7% 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/-