IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 MACA.No. 262 of 2004() -------------------------------- OPMV.218/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ------------------------ ALAVIKUTTY HAJI, CHAKKALAKKAL HOUSE, NEEROLPALAM. BY ADV. MR.K.P.MUJEEB RESPONDENT(S): RESPONDENTS -------------------------- 1. CHEMBANAHAMMED, KADIAMPARAMBIL HOUSE, KARIPPOOR AMSOM (DRIVER) 2. P.SREEKUMARAN, KAINAR HOUSE, MANNATHIPOYIL, POOKKOOTTUMPADAM (OWNER) 3. UNITED INDIA INSURANCE CO.LTD., MANJERI. R3 BY ADV. MR.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.262 OF 2004 ............................................. Dated this the 8th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Manjeri in O.P.(MV)No.218/1999. The claimant sustained injuries in a road accident and he had claimed a total compensation of Rs.10,500/=. It is against that decision, the appeal is preferred. 2. Heard. The learned counsel for the appellant would submit that considering the nature of injuries, the compensation awarded is inadequate. It has to be stated that neither the full particulars are furnished by the claimant nor the Tribunal has applied its mind in arriving at a proper compensation. The possible documents available are the wound certificate and the discharge certificate. The wound certificate would show that he was admitted in KPM Hospital, Malappuram on 3.11.1998 and he was discharged on 5.11.1998. He had sustained a fracture on the out end of clavicle. The discharge summary would show that V. Bandage was used and antibiotic etc., were prescribed. It is also seen that the claimant was a diabetic : 2 : M.A.C.A.NO.262 OF 2004 patient and there was an advice to continue his diabetic treatment. With these materials, the compensation is fixed. 3. I award Rs.500/= towards medical expenses considering the fact that the treatment was at a private hospital. I allow Rs.500/= towards by standers expenses and Rs.500/= towards transport expenses. Being a diabetic patient, it would have taken long time to cure and I award Rs.6,000/= for pain and sufferings. Certainly on account of the fracture he would have been prevented from doing work for about 2 months for which I allow Rs.4,000/=. Certainly at the age of 50 this would have caused amenities and enjoyment in life for which I grant Rs.3,000/=. Thus the claimant will be entitled to Rs.14,500/= out of which Rs.10,500/= has been awarded by the Tribunal. So, the claimant is entitled to a balance compensation of Rs.4,000/=. Therefore, the appeal is allowed and the claimant is awarded an additional compensation of Rs.4,000/= with 7.5% interest on the said sum from the date of the petition till the realisation and the respondent insurance company is directed to deposit the said sum within a period of 60 days from the date of receipt of copy of the judgment. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.262 OF 2004 M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.262 OF 2004