IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 1685 of 2007(D) ------------------------------------- O.P.(M.V).NO.2022/2002 OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/PETITIONER: -------------------------------------- BAVA, S/O AHAMMEDKUTTY, AGED 50 YEARS, KAVUNGATHODI HOUSE, AKKODE POST, VAZHAKKADU VIA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.JAMALUDHEEN, ADV. SMT.LATHA PRABHAKARAN. RESPONDENTS/ RESPONDENTS IN O.P.(M.V): ------------------------------------------------------------------ 1. THE SECRETARY, KOZHIKODE DISTRICT TAXI DIVERS CO-OPERATIVE LTD., KOZHIKODE. 2. ABDUL SALAM, S/O MUHAMMEDKUTTY, CHANATH HOUSE, VAZHAYOOR, MALAPPURAM. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY. ADV. SRI.NIRMAL. S FOR R2, ADV. SMT.K.C.BEENA FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1685 OF 2007 --------------------- Dated this the 7th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 2022/02. The claimant, a 45 year old labourer by profession, sustained injuries in a road accident. He had suffered fracture of the clavicle and three ribs on the left side. He was treated as inpatient in the hospital for 8 days. The Tribunal awarded him compensation of Rs.17,000/-. Dissatisfied with the same, the claimant has come up in appeal. 2. A perusal of the award would reveal that there had been a fracture of the clavicle coupled with fracture of three ribs. Clavicle fracture and the ribs fracture generally cured by conservative treatment and not by interfering with surgery. It will take a long time for union of the fracture and the fracture of the ribs can cause lot of inconvenience including breathing problem. Certainly this would have caused loss of amenities and enjoyment in life and temporary disability for a long time. The Tribunal has granted only an amount of Rs.1,000/- under that head. I am inclined to enhance it by MACA No. 1685/07 2 Rs.7,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.7,000. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1685/07 3