IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 MACA.No. 301 of 2009(G) --------------------------- (AGAINST THE AWARD IN O.P.(MV)1342/04 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE) ............................. APPELLANT(S): EPTITIOENR ----------------------------- C.K.GIRISH, AGED 32 YEARS,S/O.RAMAN, CHETTIYANKANDY HOUSE, NARIKUNI POST,KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS: --------------------------------------- 1. USSAIN.T.,S/O.MOIDEEN KOYA,THALAKOTTU HOUSE,PANNIKOTTUR POST, KODUVALLY, KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., DIVIVIONAL OFFICE-II,NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 301 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1342/04. The claimant, a 29 year old man, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.5,000/-. Dissatisfied with the same he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel had made available before me the document for perusal. The Tribunal was not very happy with the documents and therefore did not consider the fracture sustained by the claimant on the right shoulder. I had perused the documents meticulously and it is seen that when he was admitted in the hospital there was tenderness on the right shoulder with some deformity on the clavicle. It is also seen that the X-ray revealed a comminuted fracture but instead of right it is M.A.C.A. 301 OF 2009 -:2:- written as left in one place. He had also undergone C.T.Scan and further radiological examinations would reveal no bony injury on those parts. It is again reported that the claimant had sustained a fracture on the right shoulder. Therefore just because a mistake is committed by a person in writing a document one cannot hold that he did not suffer a fracture at all. He was asked to keep bandage also for some time. Therefore I refix the compensation as follows. 3. Being a labourer by profession, for six weeks I award Rs.2,250/- as loss of earnings. Towards treatment expenses I award Rs.500/-, towards transport and damage to clothing expenses I award Rs.500, towards pain and sufferings I award Rs.5,000/- and towards loss of amenities I award Rs.3,000/- thus entitling the claimant to have a total compensation of Rs.11,250/- out of which Rs.5,000/- is awarded. Therefore the claimant will be entitled to an additional compensation of Rs.6,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 301 OF 2009 -:3:- Rs.6,250/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-