IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 MACA.No. 15 of 2010(A) ---------------------- OPMV.340/2006 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA ................... APPELLANT / PETITIONER :- --------------------------------------- ANTO, S/O. OUSEPH, VALLACHIRAKKARAN HOUSE, PARAPPUKARA DESOM, THOTTIPAL VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.V.BINOY RAM RESPONDENTS / RESPONDENTS :- ---------------------------------------------- 1. C.V.JOY, CHETTUPUZHAKKARAN HOUSE, MAPRANAM, MADAYIKONAM, THRISSUR DISTRICT. 2. K.K.RAMAKRISHNAN, S/O. KANDAN, KOCHATTIL HOUSE, MOORKKANAD ALUMPARAMBU DESOM, PORATHISSERY VILLAGE, THRISSUR DIST. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, ALENGADAN BUILDING, TANA, IRINJALAKUDA. 4. V.SANKARANKUTTY, S/O. VELLAYATH RAGHAVAN NAIR, ANANDAPURAM.P.O., THRISSUR DIST. R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE R3 BY MR.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT M.N. KRISHNAN, J. == = = = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A.NO. 15 OF 2010 = = = = = = = = = = = = = = == = = = = = = = = = = = = = == = = = = = = = = = Dated this the 7th day of April, 2010 = = = = = = = = = = = = = = == = = = = = = = = = = = = = == = = = = = = = = = = = = J U D G M E N T This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P(MV) No.340/2006. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.13,300/-. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the counsel for both sides. 3. A perusal of the award would reveal that the claimant had sustained comminuted fracture of the shaft of the 3rd and 4th metacarpal of left hand. He was treated in Lal Hospital and later in the Medical College Hospital. The claimant has produced a disability certificate of 4% and it was not accepted for want of evidence. It has to be stated that neither the claimant is examined nor the Doctor to prove the M.A.C.A.NO. 15 OF 2010 2 disability. Considering the nature of the injury, there cannot be such disability as well. Therefore, I do not find mistake with the Tribunal in not accepting the disability certificate. But it has to be remembered that he had sustained fracture of 2 metacarpal of hand and was under treatment for some point of time. Being a Mechanic by profession, his income can be fixed at Rs.2,500/- and for two months he can be awarded Rs.5,000/- towards loss of earning. Therefore, the claimant is entitled for an additional compensation of Rs.3,000/- under that head. Similarly, for pain and suffering, I enhance it by Rs.2,000/-. Considering the fact that he is a Mechanic by profession and has sustained injury there would have been loss of amenities and temporary disability to considerable length of time for which, I award Rs.2,000/- more. Thus the claimant will be entitled to an additional compensation of Rs.7,000/- (Rupees Seven Thousand only) with 7% interest p.a., from the date of petition, till M.A.C.A.NO. 15 OF 2010 3 realisation and the respondent insurance company is directed to deposit the additional compensation amount within a period of 60 days from the date of receipt of a copy of this Judgment. M.N. KRISHNAN JUDGE nl