IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 MACA.No. 2336 of 2007() ----------------------------------- OPMV.768/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... PETITIONER/APPELLANT: -------------------- K.M. HASSANKOYA, S/O.K.M.MUHAMMED, AGED 43 YEARS, 'K.M.MANZIL', CHEMMAD, TIRURANGADI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENT(S): RESPONDENTS: --------------------------- 1. SADANANDAN K.ALIAS SANAL, S/O.APPUNNI, KANOKKOTT HOUSE, P.O. AYOOR, AYOOR AMSOM, DESOM, PERUMBADAPPU. 2. I.C. SHAJIL, IRUDUKAVIL HOUSE, KALADITHARA P.O., SUKAPURAM, EDAPPAL. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, WESTERN WING, AMBADI BUILDINGS, PONNANI. 4. SUNIL KUMAR K.L., S/O. NARAYANAN, KOTTILINGAL HOUSE, KANDANASSERY, KUNNAMKULAM. 5. JOSEPH, S/O. T.L.THOMAS, THAIKKADAM HOUSE, R.V. PURAM, TRICHUR DISTRICT. 6. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, 3RD FLOOR, MAHESWARI BUILDING, M.G.ROAD, TRICHUR DISTRICT. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R6 SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.2336 OF 2007 ===================== Dated this the 1st day of December 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)No.768 of 2004. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.30,000/- and directed the 3rd and 6th respondents in the claim petition to pay the amount equally. It is against that decision the claimant has come up in appeal for enhancement. 2. The claimant was an employee in a bank and he had sustained fracture of the nasal bone with tenderness on the chest wall. He was treated in a local hospital for one day and later in MIMS, Kozhikode for a period of 4 days. The Tribunal awarded him Rs.10,780/- towards loss of earning. He has produced a document to show that he had taken leave for 38 days for treatment and injury. The Tribunal felt that since the Doctor has advised him only 15 days leave only 20 days compensation need be given. I disagree with the same for the reason that when a person sustains fracture on the nasal bone with tenderness on the chest wall, it will take some time to come MACA 2336/2007 -:2:- back to normalcy. A minimum of one month's loss of income has to be awarded. When it is worked out in proportion what is shown in the award, the claimant is entitled to an additional compensation of Rs.5,480/-, i.e. the total would come to Rs.16,260/-, out of which Rs.10,780/- is granted and so the balance would be Rs.5,480/-. Over and above this, the claimant is also entitled to Rs.2,000/- more towards loss of amenities and enjoyment in life for the reason that there would have been temporary disability as well as loss of amenities and enjoyment. Thus the claimant will be entitled to an additional compensation of Rs.7,480/-. In the result, the claimant is entitled to an additional compensation of Rs.7,480/- with 6% interest on the said sum from the date of petition till realisation and the 3rd and 6th respondents are directed to deposit the amount in equal halves within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-