IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 3014 of 2009() ----------------------- OPMV.1288/2004 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- LATHEESH, S/O. LATE RAMANKUTTY, AGED 38 YEARS, MANALIYIL HOUSE, ATHOLI POST, KOZHIKODE. BY ADV. MR.V.N.RAMESAN NAMBISAN RESPONDENT(S): RESPONDENT NO.3 IN THE OP(MV): -------------------------------------------------------------------------------- THE NATIONAL INSURANCE CO. LTD., NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3014 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2010. 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)1288/04. The claimant sustained a fracture on the mandible and the Tribunal has awarded a compensation of Rs.23,600/-. 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. Learned counsel for the appellant had made available before me the wound certificate which itself would indicate regarding the fracture of the mandible on the para-symphasis region. He was admitted on 29.9.03 and discharged on 2.10.03 and he was discharged with advice to attend for follow up treatment. The Tribunal has awarded a reasonable compensation under some heads. When a person sustains a fracture on the mandible certainly it will result in serious problem with respect to taking food M.A.C.A. 3014 OF 2009 -:2:- and it will take a long time to get stabilised and therefore taking into consideration that prolonged agony I am inclined to grant Rs.4,000/- more towards pain and sufferings and Rs.2,000/- more towards loss of amenities. For an employee of a medical store a minimum of Rs.2,500/- is taken as his wages and an additional loss of earnings of Rs.1,400/- is granted thus totaling an additional compensation of Rs.7,400/-. Learned counsel would contend that the interest is also low and this Court normally grants 7.5% interest which I grant in this case as well. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,400/- 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. It is also made clear that for the entire amount the rate of interest shall be 7.5.% and not 7%. M.N. KRISHNAN, JUDGE. ul/-