IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 MACA.No. 2436 of 2010(C) ------------------------ OPMV.1510/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ V.P.VIJAYAN, AGED 37 YEARS, S/O.V.P.KANNAN, UDUPPI NILAYAM, PUTHIYANKAVU ROAD, VELLUR AMSOM DESOM, P.O.KANDOTH, KANNUR DISTRICT REP. BY P/A HOLDER V.P.MOHANAN, S/O.KANNAN, P.O.KANDOTH, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): R2: ------------------ UNITED INDIA INSURANCE CO. LTD., PAYYANNUR, KANNUR-670307. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R1(B/O) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & N.K. BALAKRISHNAN, JJ. ------------------------------------------------- M.A.C.A. No. 2436 of 2010-G ------------------------------------------------- Dated this the 4th day of July, 2011 JUDGMENT Basant,J. The claimant is the appellant. Quantum of compensation awarded alone is under challenge. The Tribunal awarded an amount of Rs.38,050/- as against a claim limited to Rs.3 lakhs. 2. Both bones of the right leg of the claimant were fractured. He was an inpatient for 9 days. The petitioner/appellant belongs to Payyannur and he underwent treatment at the K.S. Hegde Charitable Hospital, Mangalore. The Tribunal awarded an amount of Rs.38,050/- as per details which are given in the tabular column in paragraph-10 of the award. 3. The appellant laments that the amount awarded is insufficient. The learned counsel was requested to explain. The learned counsel submits that the loss of earnings reckoned at Rs.3,000/- per mensem for one month is too low. Fracture of both bones of the right leg was suffered. It was closed by intra- medullary interlocking nail fixation. The period of one month for which the claimant is assumed to have been involuntarily M.A.C.A. No. 2436 of 2010 -: 2 :- unemployed is too low. It is next contended that the amount of Rs.500/- awarded as transportation expenses is too inadequate considering the venue of the accident and the venue where the claimant underwent treatment. Nail removal had to be done subsequently for which no provision is made. Only an amount of Rs.1,000/- is awarded for continued treatment. Counsel argues that, at least, on these three heads the amount awarded is too low. 4. We have considered all the submissions raised. We are unable to agree that the amount awarded under any of the other head is insufficient. An amount of Rs.16,000/- is seen awarded for pain and suffering. An amount of Rs.15,650/- is awarded as medical and miscellaneous expenses incurred against the bills produced. 5. Having considered all the relevant circumstances, we are satisfied that the appellant is entitled to a further amount as per the details shown below: Sl.No. Head of claim Amount awarded Amount to be awarded Basis Difference 1 Loss of earnings 3000 6000 Rs.3,000/- per mensem for two months 3000 2 Transportation Expenses 500 1500 1000 M.A.C.A. No. 2436 of 2010 -: 3 :- Sl.No. Head of claim Amount awarded Amount to be awarded Basis Difference 3 Future treatment expenses 1000 2500 1500 Total 5500 6. The appellant is entitled to the above extent. It is held that the appellant is entitled to a further amount of Rs.5,500/- as shown above. 7. In the result: (a) This appeal is allowed in part. (b) It is held that the appellant is entitled to a further amount of Rs.5,500/- in addition to the amount of Rs.38,050/- awarded by the Tribunal. (c) All other directions of the Tribunal are upheld. Sd/- R. BASANT (Judge) Sd/- N.K. BALAKRISHNAN (Judge) Nan/ //true copy// P.S. to Judge