IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 1810 of 2005(B) ----------------------- OPMV.1501/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): /PETITIONER ---------------------------------- KUNNATH ISHAQ, AGGED 51 YEARS, S/O.KUNHAHAMMED, KUNNATH HOUSE, KARUVARAKUNDU AMSOM DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ------------------------------------------------ M/S. NATIONAL INSURANCE CO LTD., MANJERI. ADV. SRI.E.M.JOSEPH, S.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1810 OF 2005 = = = = = = = = = = = = = = = Dated this the 16th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1501/00. The claimant had sustained injuries in a road accident. He was 46 year old driver and the Tribunal has awarded a compensation of Rs.20,801/-. It is against that decision, the claimant has come in appeal. 2. Heard the learned counsel for the claimant as well the insurance company. A perusal of the award would reveal that the claimant had sustained a fracture on the scaphoid, fracture on 2nd rib, a long injury on the temporal region with some deformity to wrist, immediately after the accident. He was an inpatient in the hospital for a period of about 17 days. The Tribunal also found that he had expended almost Rs.11,751/- for treatment and awarded a total compensation of Rs.20,801/-. I feel the Tribunal has not approached the matter in the correct perspective in awarding the M.A.C.A. 1810 OF 2005 -:2:- compensation. A person who had sustained a fracture on the scaphoid, fracture on the rib besides head injury would have certainly been deprived of doing any work for a period of three months. Being driver of a car and as the accident had taken place in the year 2000 I feel it is reasonable to fix the income at Rs.2,000/- and award Rs.6,000/- towards loss of earnings. Similarly, the nature of injuries sustained would have caused him excruciating pain and therefore I increase pain and sufferings compensation by Rs.3,000/-. It is true that no disability certificate produced but the nature of injuries sustained certainly would have caused him temporary disability, loss of amenities and enjoyment in life. A fracture of the scaphoid coupled with the scapular injury would have certainly caused problem to him especially considering his age as 46. Therefore I award Rs.7,000/- under the head of temporary disability, loss of amenities and enjoyment in life, thereby entitling the claimant to have an additional compensation of Rs.16,000/-. M.A.C.A. 1810 OF 2005 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,000/- with 6% 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. M.N. KRISHNAN, JUDGE. ul/-