IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 176 of 2004() ---------------------- OP MV.1413/1998 of M.A.C.T., MANJERI .................... APPELLANT/PETITIONER: ------------------------------------- K.RAJAN, S/O. VELAYUDHAN, NELLIKATHODI HOUSE, NARUKARA, MANJERI, MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENT: 3RD RESPONDENT: ---------------------------------------------------- NEW INDIA ASSURANCE CO. LTD., VARIKODAN BUILDINGS, NILAMBUR ROAD, MANJERI, MALAPPURAM BY ADV. SMT.M.HEMALATHA - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.176 OF 2004 ------------------------------------- Dated 13th June, 2008 JUDGMENT Koshy,J . Appellant/claimant met with a motor accident on 21.5.1998 as a result of which he has sustained compound comminuted fracture of both bones of left leg and he was treated as an inpatient for 24 days. Tribunal granted Rs.10,800/= for loss of earnings taking that he had lost 90 days daily wages, as according to the claimant, he was earning Rs.120/= daily. Considering the fact that he was in hospital for 24 days, Rs.10,000/= was granted for medical and treatment expenses and Rs.15,000/= was granted for pain and suffering. No amount was granted for permanent disability, injury, loss of amenities etc. Since he was in the hospital as inpatient for 24 days, we award Rs.2,500/=for attendant in the hospital. For fracture of two bones and consequent loss of amenities and disability, we award another Rs.5,000/=. Thus, appellant is entitled to an additional amount of Rs.7,500/=. The above amount of Rs.7,500/= should be deposited by the third respondent insurance company, over and above the decreed amount by the Tribunal, with 7.5% interest from the date of application till its deposit. On deposit of the MACA.176/2004 2 amount, appellant is allowed to withdraw the same. The appeal is partly allowed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks