IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 1929 of 2005() ----------------------- OPMV.912/1997 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: ------------------------------------- PRADEEP.T.K., S/O.T.P.KRISHNAN, THEKKENKARA P.O., KANJIKULAM, MUNDOOR VILLAGE, PALAKKAD. BY ADV. SRI.C.RAGHAVAN RESPONDENTS:RESPONDENTS: ------------------------------------------------- 1. SIVARAMAN, S/O.KUNJEERAN, PARIYAMKATTUPURATH VEEDU, KANJIKULAM P.O., PALAKKAD. 2. T.P.KRISHNAN, S/O.PAZHANU, THEKKUMKARA VEEDU, KANJIKULAM P.O., PALAKKAD. 3. UNITED INDIA INSURANCE CO. LTD., PALAKKAD. BY ADV. SRI.JOHN JOSEPH VETTIKAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1929 OF 2005 --------------------- Dated this the 13th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 912/97. The appellant aged 23 years, an agriculturist by profession had sustained injuries in a road accident. A perusal of the award itself would show that he had a lacerated wound on the ankle and a closed displaced fracture of the middle one third of tibia plus deformity on the left leg. He was treated as an inpatient for 5 days. The Tribunal awarded him Rs.750/- for loss of earnings. 2. When a person has suffered a displaced fracture of the tibia and other injuries on the leg, it is certain that he would not have been able to do the work for atleast two months. Fixing the income at Rs.1,500/- per month, I award an additional amount of Rs.2,250/- as loss of earning. He was a native of kanjikulam and he was treated in olavakode hospital. Certainly, he would have visited the hospital on many occasions and therefore, I enhance the compensation for transport expenses by Rs. 250/-. The Tribunal has awarded only Rs.4,000/- as compensation for pain and suffering. It appears to be MACA No.1929/05 2 totally inadequate considering the nature of injuries sustained by the appellant. I enhance it by Rs.3,000/-. The Tribunal has not awarded any compensation for loss of amenities and permanent disability. On account of the fracture mentioned above, it is certain that there would be temporary disability, loss of amenities and enjoyment in life for some point of time. I award Rs.3,000/- under that head. The appellant will be entitled to an additional compensation of Rs.8,500/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,500/- with 7% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1929/05 3