IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 MACA.No. 838 of 2009() ------------------------------------ OPMV.895/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV ------------------------------------------------------- BHASKARAN,S/O.PADINJAREKUNNATH ITTY, KAVUMTHARA DESOM,KODAKARA VILLAGE AND P.O. MUKUNDAPURAM TALUK,THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV --------------------------------------------------------------- 1. M.K.SURESH,S/O.MARAMUTTATH KUNJU, VELLANCHIRA P.O. 2. SUDHARSAN P.V. S/O. PADINJARANKUNNTH VELAYUDHAN P.O. KODAKARA P.O. 3. THE NEW INDIA ASSURANCE CO.LTD., MALIEKKAL BUILDINGS, MAIN ROAD, IRINJALAKUDA. R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.838 OF 2009 ............................................. Dated this the 18th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.895/2004. The claimant, a 55 year old headload worker, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.21,400/=. Dissatisfied with the same, he has come up in appeal for enhancement. 2. Heard the learned counsel for both sides. A perusal of the award would reveal that the claimant was admitted in St. James Hospital, Chalakkudy for swelling and deformity over the right hand and the investigation revealed galeazz's fracture. The said fracture is one of a distal radius accompanied by dislocation of the radioulnar joint. This fracture is known by name Dupuytren's fracture. 3. So the fracture is one which is not a simple fracture of the radius but it is coupled with dislocation of the joint. Therefore it may take a little longer time to heal and become normal. The profession of the claimant is that of a : 2 : M.A.C.A.NO.838 OF 2009 headload worker. He requires very strong hands. Certainly he would have been deprived from work for 3 months. Taking his minimum income at Rs.3,000/=, the claimant is entitled to an amount of Rs.5,000/= under the head actual loss of earnings. Similarly this fracture would have caused him loss of amenities as well as temporary disability for some time especially considering the nature of work. Therefore, I award a sum of Rs.3,000/= under that head. 4. In the result, the claimant will be entitled to an additional compensation of Rs.8,000/= with 7% interest 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 : 3 : M.A.C.A.NO.838 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T