IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 MACA.No. 1286 of 2009() ----------------------------------- OPMV.1984/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) -------------------------- UMMER, S/O.KHADERKUTTY, AGED 33 YEARS, RESIDING AT KALATHIL VEETTIL, P.O.MAVOOR, PARAMMAL, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN MR.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN OP(MV) -------------------------- 1. ALAVIKUTTY, AGE NOT KNOWN, RESIDING AT POKKUPULPAIL HOUSE, P.O.MAVOOR, KOZHIKODE. 2. ABDUL AZEEZ, S/O.POKKU, RESIDING AT MURATTIPULAPPADI HOUSE, P.O.MAVOOR, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. R1 & R2 BY ADV. MR.K.M.FIROZ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1286 OF 2009 ............................................. Dated this the 22nd day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1984/2003. The claimant, who sustained injuries in a road accident, was awarded a compensation of Rs.11,300/= and aggrieved by the said decision, he has come up in appeal for enhancement. 2. Para 20 of the award deals with the injury sustained by the person as well as the compensation. The wound certificate revealed that he had a small wound on the eyebrow with contusion and x-ray revealed fracture of a clavicle. The claimant was a 27 year old worker. I feel, the compensation requires enhancement under the following heads: 3. He had been awarded only a compensation of Rs.5,000/= towards pain and sufferings on account of the clavicle fracture. His hands should have been in clavicle braise for some time. Similarly it would have also affected his amenities and enjoyment in life. So also considering the : 2 : M.A.C.A.NO.1286 OF 2009 fact that he is a worker aged 27 years and the year of accident is 2003, income can be taken at the rate of Rs.2,500/= per month. When it is so, I grant Rs.2,000/= towards additional compensation for pain and sufferings, Rs.2,500/= for loss of amenities and Rs.2,000/= for loss of income. 4. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/= with 7% interest on the said sum from the date of the petition till realisation and the 3rd 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.1286 OF 2009