IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 1063 of 2005(C) ---------------------------------- OPMV.3299/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/CLAIMANT: ------------------------------------ K.J. ANTONY, AGED 29 YEARS, S/O. K.C. JOSEPH, KODUTHAL HOUSE, 15/1300, NAZARETH, COCHIN-2. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/RESPONDENTS: ---------------------------------------- 1. NELSON, S/O. OUSO, ARACKAPARAMBIL HOUSE, NORTH OF ST. AGNUS CONVENT KEMPIRI ROAD, PANDIKUDI, COCHIN-2. 2. SIBI PHILIP, S/O. PHILIP, 12/556, KURIOPADATH HOUSE, NAZARETH, COCHIN-2. 3. THE ORIENTAL INSURANCE CO.LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, METRO PALACE, OPPOSITE NORTH RAILWAY STATION, KOCHI-18. BY ADV. SRI.TOM JOSE FOR R.1,2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1063 OF 2005 = = = = = = = = = = = = = = = Dated this the 31st 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, Ernakulam in O.P.(MV)3299/96. The claimant, a 21 year old man sustained injuries in a road accident on account of which he had a fracture on both bones of his arm. He was treated as an inpatient in the hospital initially for 10 days and thereafter again for another time for removal of internal fixation. The Tribunal awarded him a total compensation of Rs.27,000/-. 2. It is submitted by the learned counsel for the appellant that the Tribunal did not grant any amount for disability that was caused on account of injury sustained in the accident. The Tribunal held that no disability is proved in the case but the fact remains that he had a fracture of both bones of the hand and there was an internal fixation for about two years which certainly would have resulted in temporary disability, loss of amenities and enjoyment in life. M.A.C.A. 1063 OF 2005 -:2:- I feel this is a fit case where at least an amount of Rs.10,000/- has to be awarded for the temporary disability, loss of amenities and enjoyment in life. Only Rs.4,000/- is seen awarded. Therefore the claimant is awarded an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- 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/-