IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2768 of 2008(G) ------------------------------------- OPMV.3035/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------ P. GOPI, AGED 40 YEARS, SON OF KARIYATHAN POOVATHUMKANDY HOUSE, PARUTHIPARA, POST FEROKE COLLEGE, KOZHIKODE. BY ADV. MR.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. A.K. SUJAYAN, SON OF KALLIANI, NADUKKANDITHAZHEKUNIYIL HOUSE, MUTTUNGAL POST,VATAKARA,KOZHIKODE DISTRICT. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, KAZHINGAL BUILDING, VATAKARA, KOZHIKODE DISTRICT. R2 BY ADV. MR.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2768 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2009. 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)3035/02. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.2,000/-. Aggrieved by the said decision the claimant has come up in appeal before this Court. 2. Heard the learned counsel for the appellant as well as the insurance company. The Tribunal was satisfied with the documents available that the claimant had sustained an undisplaced fracture on the medial malleolus. The Court also verified the radiological diagnosis and sustained the plea of fracture. But unfortunately the Tribunal thought it fit to award a meager amount of Rs.2,000/- as compensation. It is not proper and based on any materials. A person who is an auto rickshaw by profession, who had sustained a dislocation and fracture certainly would have been disabled M.A.C.A. 2768 OF 2008 -:2:- from doing any work for a period of two months. Being an auto rickshaw driver by profession, fixing the income at Rs.2,000/- I award a sum of Rs.4,000/- towards loss of earnings. He was visiting Medical College Hospital, Kozhikode for treatment and he had spent some amounts for taking X-ray, medicines etc. and he would have also taken some nutritious food for speedy recovery. So taking into consideration all these aspects together I award a sum of Rs.1,000/- under that head. Certainly the fracture would have caused him agonizing pain and his fractured part was on plaster cast for a considerable length of time, i.e. at least for 6 to 8 weeks. Therefore I grant a sum of Rs.5,000/- towards pain and sufferings. Certainly this would have handicapped his day-today activities and there would have been loss of amenities and enjoyment in life also for which I award Rs.2,000/- thereby fixing the total compensation at Rs.12,000/- out of this Rs.2,000/- had been granted by the Tribunal. Therefore the additional compensation that the claimant is entitled to is Rs.10,000/-. M.A.C.A. 2768 OF 2008 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation from the respondent, insurance company 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/-