IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1236 of 2004(B) ------------------------------------ OPMV.1784/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER : -------------------------------------- JONSON JACOB, S/O. CHACKO, PAREPPARAMBIL HOUSE, PUNNATHARA EAST P.O., AYARKUNNAM, KOTTAYAM BY ADV. SRI.V.K.SUNIL SRI.ANIL GOPINATH RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. T.G.VASUKUTTAN, THONIKKUZHIYIL HOUSE, PUNNATHARA EAST P.O., AYARKUNNAM, KOTTAYAM. 2. SATHEESH BABU T.R., KUNNATHU HOUSE, PERUMBAIKKADU P.O., KOTTAYAM. 3. THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.P.JAYASANKAR - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1236 OF 2004 --------------------- Dated this the 4th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 1784/99. The claimant, a lorry driver by profession, sustained fracture of the scaphoid bone and was treated as outpatient in the District Hospital, Kottayam. It is also seen from the documents that on 27.7.98 he was under scapoid cast and was directed to come to the hospital after two weeks. So it is certain that on account of the injury sustained he would not have been in a position to do any work for six weeks. Therefore, I recalculate the compensation as follows: 2. Towards loss of earning Rs.3,750/- is allowed. Towards pain and suffering Rs.5,000/- is granted. Towards transport expenses, medical expenses and extra nourishment an amount of Rs.1,000/- is granted. Rs.3,000/- is granted towards loss of amenities and enjoyment in life. Therefore the total compensation would come to Rs. 12,750/- out of which Rs.5,000/- is already awarded. Therefore the claimant is entitled to an additional compensation of Rs.7,750/- with 6% interest. MACA No.1236/04 2 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,750/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1236/04 3