IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 730 of 2005 ------------------------------------ OPMV.405/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/PETITIONER: BIJU JOHN, J.C. BHAVAN, VAKAYAR POST, EMPLOYED WITH MADSRAS-ENGINEERING GROUP 18, ENGINEERS, REGT.C/O. APO. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS/RESPONDENTS: 1. SREEKUMAR, SREEVILASAM VAKAYAR P.O., KONNI. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., CHANGAYIL BUILDING, PATHANAMTHITTA. ADV. SRI.LAL GEORGE FOR R2 SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.730 of 2005 --------------------------------- JUDGMENT Koshy, J. The appellant/claimant sustained injuries in a motor accident on 13.3.1995. He claimed a compensation of Rs.1,11,256/-. Apart from the claim for personal injuries, his claim included also the claim for damages to the scooter. Rs.6,000/- was awarded for damages to the scooter and the total amount awarded to the personal injuries sustained is Rs.7,000/-. As a result of the accident, he sustained fracture of his right collar bone, apart from the injuries to other parts of the body, including forehead. He was treated in the General Hospital, Pathanamthitta by the Orthopaedic Surgeon. Thereafter, he was referred to the Military Hospital, Thiruvananthapuram. According to the claimant, fracture of collar bone is an orthopaedic disqualification for further promotion in the military services. He was 25 years young and energetic man serving in the Army Engineering Group. The Tribunal did not grant any compensation for disability, as his MACA 730/05 2 employment was not lost. According to the Tribunal, no evidence was adduced to show that he lost his promotion chances, except his statement. But, Rs.5,000/- was awarded for pain and suffering, Rs.10,000/- for treatment expenses and Rs.10,000/- for transportation charges. Considering the fracture of collar bone and considering the nature of injuries, we are of the view that another amount of Rs.7,000/- ought to have been awarded for pain and suffering, loss of amenities and disability. The above amount of Rs.7,000/- should be deposited by the second respondent Insurance Company with 7.5% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed in part. (J.B.Koshy, Judge) 20th October, 2008 (K.P.Balachandran, Judge) tkv