IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 242 of 2006(F) -------------------------------- OPMV.367/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL (PRINCIPAL), KOZHIKODE .................... APPELLANT/PETITIONER : ------------------------------- PUSHKARAN, S/O. KARAPPAN, NOCHATT VAYALIL HOUSE, WEST HILL POST, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENTS : --------------------------------------- 1. T. SHAREEF, S/O. IMBICHIMAMMU, MARAKKAT HOUSE, NEAR BEM UP SCHOOL, PAVANGAD, PUTHIYANGADI POST, KOZHIKODE. 2. C. MOHANAN, S/O. SAMIKUTTY, C/O. T. SHAREEF, MARAKKAT HOUSE, PUTHIYANGADI POST, KOZHIKODE. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD, KOZHIKODE. ADV. DR.ELIZABETH VARKEY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 242 OF 2006 --------------------------------- Dated this the 17th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.367/1998. The accident took place on 7.3.1997. The claimant had sustained fracture of the 7th and 8th ribs and had a lacerated wound of 3x2x4 cm on the right ankle cutting the adjoining muscles. He was treated in hospital as an inpatient for six days and the Tribunal awarded total compensation of Rs. 20,000/-. The Tribunal had awarded proper compensation on almost all heads. I find that there is one ground which requires some modification. That is for loss of amenities and enjoyment in life. A 49 year old man had sustained fracture of two ribs and he had also sustained a very long lacerated wound on the ankle which had cut the adjoining muscles. Certainly this would have caused him severe pain for a consideration length of time. It would have affected his day to day activities very badly. Taking note of that aspect towards loss of amenities, I award an amount of Rs. 5,000/- out of which Rs. 1,500/- has already been awarded by the Tribunal. Therefore the claimant is entitled to get M.A.C.A.No. 242/2006 -2- an additional compensation of Rs. 3,500/- Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of RS. 3,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm