IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 MACA.No. 2257 of 2010(D) ------------------------------------- [O.P.(M.V).NO.33/2007 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM DTD. 20/01/2010] ......... APPELLANT/PETITIONER: ------------------------------------- GEORGE JOSEPH, S/O.P.J.JOSEPH, PALLIKKUNNEL HOUSE, VILLOONI P.O, KOTTAYAM DISTRICT. BY ADV. SRI.JACOB E. SIMON. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SABU ISSAC, S/O.ISSAC, KALANNUSSERRY HOUSE, IORUMPAYAM P.O., VAIKOM, KOTTAYAM DISTRICT – 686 141. 2. THE NATIONAL INSURANCE CO. LTD, REPRESENTED BY DIVISIONAL MANAGER, KOTTAYAM – 686 001. R2 BY ADV. SRI.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN,J. ........................................... M.A.C.A.NO.2257 OF 2010 ............................................. Dated this the 21st day of January, 2011. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.33/2007. The claimant while travelling on a bike sustained injuries when a car driven by the first respondent came and hit on his bike. The Tribunal awarded him a compensation of `15,991/= and it is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would make it clear that the claimant was treated as an inpatient in a hospital for a period of 5 days from 4.12.2005 to 8.12.2005 and he had continued the treatment thereafter as well. 3. The learned counsel for the appellant made available before me for perusal a copy of the wound certificate which indicates that the claimant had sustained a : 2 : M.A.C.A.NO.2257 OF 2010 communited fracture distal end radius. It is also seen that an operation was done and suturing also was done. He had continued the treatment thereafter. Though a disability certificate was produced, neither the claimant nor the doctor is examined to prove the disability. But considering the fact that there was a fracture, I am inclined to enhance the compensation as follows: 4. Certainly on account of the communited fracture sustained, he would have been deprived from doing any work for a period of two months and therefore I enhance the compensation for loss of earnings by ` 3,000/=. Certainly he would have undergone pain and sufferings on account of the fracture, surgery and subsequent treatment and therefore, I enhance the compensation for pain and sufferings by `5,000/=. Certainly this would have caused him temporary disability, loss of amenities and enjoyment in life for some point of time and therefore I enhance that compensation by `3,000/= thereby entitling the claimant to have an additional compensation of `11,000/=. 5. In the result, the MACA is partly allowed and the : 3 : M.A.C.A.NO.2257 OF 2010 claimant is awarded an additional compensation of `11,000/= 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 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 : 4 : M.A.C.A.NO.2257 OF 2010 M.N. KRISHNAN, J. ........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 17th January, 2011. J U D G M E N T/O R D E R