IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 MACA.No. 2160 of 2010() ---------------------------------- OPMV.1864/2006 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------------------------ SUDHEER BABU,AGED 39 YEARS,S/O.KRISHNAN, CHALIL HOUSE,CHALIL,PROVIDENCE COLLEGE ROAD, MALAPARAMBA POST,KOZHIKODE. BY ADVS. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. SURESH BABU,S/O.AYYAPPAN,KILIVAYIL HOUSE,A.R.NAGAR POST,MALAPPURAM. 679 571. 2. AYYAPPAN,S/O.KEERAN,CHANATH KADONGAL HOUSE,A.R.NAGAR POST,ERUMBUCHOLA,KOLLAPPURAM, MALAPPURAM-679571. 3. THE ORIENTAL INSURANCE COMPANY LTD, SHOBHA TSM COMPLEX,RAILWAY STATION ROAD, PALAKKAD-678 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2160 OF 2010 = = = = = = = = = = = = = = = Dated this the 7th day of February, 2011. 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)1864/06. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.8,578/-. Dissatisfied with the same the claimant has come up in appeal for enhancement. 2. Heard. A perusal of the award would show that the claimant had sustained a fracture on the second and third metacarpal and he was treated as an inpatient for a day and thereafter had undergone treatment for some more time. He was a tailor by profession. I feel the Tribunal's award is inadequate under the following heads. M.A.C.A. 2160 OF 2010 -:2:- 3. When a tailor by profession sustains a fracture on the metacarpal certainly it would have deprived him from doing any work for a period of two to and 2½ months. Even if the monthly income is taken at Rs.2,000/- I feel this is a fit case where an amount of Rs.4,000/- more has to be given towards loss of earnings. Certainly the fracture of the metacarpal had made him not to do anything for a couple of months. Certainly he would have suffered lots of inconveniences and there would have been loss of amenities and enjoyment in life also. Therefore I award Rs.3,000/- towards loss of amenities and Rs.2,000/- towards pain and sufferings thus making a total compensation of Rs.9,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional M.A.C.A. 2160 OF 2010 -:3:- compensation of Rs.9,000/- with 7% 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. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.