IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 1379 of 2006() ------------------------------------ OPMV.359/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER -------------------- VICKEN BABU, AGED 70 YEARS, S/O. INNIPOL, PUTHURAVALAPPIL HOUSE, P.O.ERANJIMANGAD, NILAMBUR VIA., MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: RESPONDENTS ------------------------- 1. GOPALAN, S/O. CHOOLAN, EDAVANNUR HOUSE, VELLYAMTHODE P.O., NILAMBUR, MALAPPURAM DISTRICT. 2. K.SHOUKATH, S/O. MOHAMMED, KOZHIKKADAN HOUSE, PALLIKUTH P.O., CHUNGATHARA, MALAPPURAM DIST. 3. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, MALAPPURAM. ADV. SRI.RENIL ANTO KANDAMKULATHY FOR R3 SRI. PETER ISSAC FOR R2 SRI.ABEESH JOSE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1379 OF 2006 = = = = = = = = = = = = = = = Dated this the 23rd day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)359/02. The claimant, a 66 year old coolie sustained fracture on four ribs on the left side, fracture involving the L2 and L3 vertebra and also joint dislocation besides other superficial injuries. A perusal of the documents would reveal that he was initially treated from 4.8.01 to 20.8.2001 in a local hospital and in the Medical College Hospital. Again as an inpatient from 13.9.01 to 13.11.01 in the Medical College Hospital and finally from 17.4.02 to 4.5.02 in the same hospital. The treatment records would reveal that he had sustained the fractures mentioned above and had undergone inpatient treatment for a period of 94 days on different occasions. It is also to be stated that this man at the age of 66 sustained fracture of L2 and L3 vertebra which was already in a degenerative stage. The Tribunal has awarded a total M.A.C.A. 1379 OF 2006 -:2:- compensation of Rs.29,420/-. It is submitted that he was a labourer by profession and considering the age even if the notional income is taken considering the period of hospitalization he has to be compensated for four months actual loss of earnings which would come to Rs.5,000/-. This old man has suffered a lot and had undergone inpatient treatment for a very long period and therefore I enhance the compensation for pain and sufferings by Rs.2,500/-. It can be seen besides the fracture on the ribs he had two fractures on the vertebra which were already in a degenerative process. Certainly this type of accident would have created an impact on an old man's spine and in the process of time he may become a dependant. It is certain that he would have suffered loss of amenities and enjoyment in life. For that I grant him Rs.7,000/-. Therefore the claimant is awarded a total additional compensation of Rs.14,500/- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,500/- with 6% interest on the said sum from the date M.A.C.A. 1379 OF 2006 -:3:- 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/-