IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 MACA.No. 1598 of 2010(D) ------------------------------- (OPMV.393/2008 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------------------- MUHAMMED, S/O. KUNHAYAN, KIZHAKKE THODUKAYIL HOUSE, PERUVAYAL, PERINGALAM.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.A.V.M. SALAHUDDEEN RESPONDENT(S): RESPONDENT IN OP(MV) -------------------------------------------------- 1. MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. 2. PRABHAKARAN.P., S/O. VELAYUDHAN, KADALIPARAMBIL HOUSE, KARIAMPADI.P.O., MEENANGADI VIA., WAYANAD DISTRICT. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1598 OF 2010 ............................................. Dated this the 15th day of September, 2010. J U D G M E N T Show the name of standing counsel for the KSRTC. 2. This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.393/2008. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.2,000/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 3. Heard the learned counsel for the appellant as well as Standing Counsel for the KSRTC. A perusal of the award would reveal that the claimant had sustained a fracture of the third rib and abrasions on the right elbow. He was treated as an outpatient. The Tribunal granted only a paltry sum of Rs.2,000/= as compensation. It is grossly inadequate. I fix the compensation as follows: 4. The claimant was aged 45 years and certainly on account of the rib fracture, he would have been prevented from doing any work for two months. I award Rs.5,000/= : 2 : M.A.C.A.NO.1598 OF 2010 towards loss of earnings. Towards treatment, transport, extra nutritious food and damage to clothing, I award a consolidated sum of Rs.1,000/=. For pain and sufferings Rs.6,000/= is awarded and for temporary loss of amenities, I award Rs.3,000/= making it a total sum of Rs.15,000/=. The Tribunal has awarded Rs.2,000/= and therefore the claimant is entitled to an additional compensation of Rs.13,000/=. 5. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,000/= with 7% interest on the said sum from the date of petition till realisation and the first respondent KSRTC is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1598 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.411 OF 1996 ............................................. 3rd day of September, 2010. J U D G M E N T