IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 1213 of 2005() ----------------------- OPMV.58/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- ALIYAR OOLAKKAPARAMBIL, AGED 40 YEARS, S/O. KADAR, OOLAKKAPARAMBIL HOUSE, ERUMAMUNDA P.O. MALAPPURAM DIST., NILAMBUR TALUK. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENT: RESPONDENT: ---------------------------------------------- THE UNITED INDIA INSURANCE CO. LTD., PERINTHALMANNA BRANCH, P.O. PERINTHALMANNA. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1213 OF 2005 --------------------- Dated this the 9th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) No.58/00 whereby the Tribunal has awarded a compensation of Rs.2,808 in a case of displaced fracture through the distal radial to the wrist. The Tribunal had granted only an amount of Rs. 2,000/- for pain and suffering and for some amount for medical expenses. 2. The wound certificate is made available before me, which establishes the fracture. He was treated as an inpatient in the hospital. It is submitted that he was in the hospital for four days. It is further contended that he is a rubber tapper by profession. So one has to hold that the amount awarded as compensation is grossly inadequate. When there is a displaced fracture of the right wrist and that too of a rubber tapper certainly, it will prevent him from attending the work for 6 to 8 weeks. Being a tapper by profession, I grant him an amount of Rs.3,000/- towards actual loss of earning. Certainly, the displaced fracture of the wrist would have caused pain and I enhance the compensation for pain and suffering by Rs.3,000/-. Considering the nature of the work which is done by the claimant that is of a rubber tapper there will be serious pain and suffering for him and it would cause him tremendous difficulties in the days MACA No.1213/05 2 to come to get back to normalcy. There would have been loss of amenities and enjoyment in life. Towards that, I award a sum of Rs.4,000/- whereby the appellant will be entitled to an additional compensation of Rs.10,000/-. 3. Learned counsel for the Insurance Company has very strongly contended before me that the appellant was only a pillion rider and was not covered by the policy. That aspect has not been considered by the Tribunal. Pleading is not a substitute for proof and unless the policy is produced, one cannot understand whether it covers more persons. However, even against the award no appeal is preferred or a cross objection is filed challenging the correctness of the finding of the Tribunal. When it is so, it is too late for the Insurance Company to get exonerated from the liability especially for want of evidence. So the said contention is rejected. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1213/05 3