IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MACA.No. 872 of 2004() ---------------------- OPMV.2618/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------ M.C. JOSEPH, MARANGATTIL HOUSE, PARATHANAM, KOORACKANADU P.O., MUNDAKAYAM. BY ADV. SMT.BETTY K.ALUKKA RESPONDENTS/RESPONDENTS: ------------------------------------- 1. M.V. ANIL KUMAR, MULLAPPALLIL HOUSE, KURUMULLOOR P.O., KANAKKARY. 2. SIMON K.K., ATTUMALIL HOUSE, CHELIKUZHY, MUNDAKAYAM. 3. NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. BY ADV. SRI.BIJU GEORGE FOR R1 SRI.REJI MATHEW KAVALAYIL FOR R1 SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 SMT.MINI ELIZABETH GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ======================== M.A.C.A.No.872 of 2004 ========================= Dated this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal in OP(MV).No.2618/98 wherein the claimant sustained injuries in a road accident. He had a fracture of the clavicle and avulsion injury of the left pinna extending to the meatus. He was admitted in the Medical College Hospital, Kottayam, where he had undergone treatment. It reveals that there was a fracture of the clavicle and exposure of the cartilage of pinna. The tribunal has awarded a total compensation of Rs.11,500/-. The learned counsel very vehemently contends that the court has not taken into consideration the serious injuries sustained on the left pinna and has not awarded any amount for loss of amenities and enjoyment. A perusal of the medical records would establish that the injuries sustained on the pinna was really a penetrating injury which would have made him suffer considerably. Similarly on account of the fracture of the clavicle he would not have been in a position to do normal work for three months. Therefore, I M.A.C.A.No.872/2004 feel he can be compensated additional Rs.1,500/- towards loss of earning and another Rs.2,000/- towards the temporary loss of amenities and enjoyment in life. Therefore, the M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs.3,500/- with 7% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit the said sum within a period of sixty days from the date of receipt of a copy of this judgment. M.N.KRISHNAN,JUDGE dvs