IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 510 of 2003(P) ---------------------------------- OPMV.1794/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ---------------------------------- V.K.LAKSHMI, W/O.LATE VELAYUDHAN, OLAVALAVEEDE, MARAVETTICHAL, MOOTHEDAM, EDAKKARA. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS --------------------------------------------- 1. SURESH, S/O.CHAYICHAN, PATTAMMARTHODIYIL, PERIMIKULAM, EDAKKARA. 2. N.ABDU, S/O.MARAKKAR HAJI, NAITHAKKOTTU HOUSE, EDAKKARA. 3. UNITED INDIA INSURANCE CO.LTD., NILAMBUR BRANCH, NILAMBUR, MALAPPURAM DISTRICT. ADV. SRI.P.SAMSUDIN FOR R1, R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 510 OF 2003 = = = = = = = = = = = = = = = Dated this the 5th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1794/00. It has to be stated that awards can be brief but not blank. It is a case where the Tribunal even does not state what is the injury sustained by the party. 2. Learned counsel for the appellant had made available before me for perusal the records relating to the treatment. The claimant a lady aged 50 years a labourer by profession sustained injuries in a road accident. She was treated in the District Hospital, Manjeri from 11.4.97 to 21.4.97 with fracture on the neck of the humerus. Reduction has been done and unfortunately only the wound certificate has been produced and the learned counsel had made available before me the discharge card and therefore I proceed to fix the compensation as follows: M.A.C.A. 510 OF 2003 -:2:- 3. On account of the humerus fracture, as a labourer she would have been prevented from doing any work for a period of two months to ten weeks. So I award Rs.3,000/- towards loss of earning. I award a sum of Rs.1,000/- for medical expenses and Rs.500/- each for bystander's expenses and extra nourishment. Considering the nature of fracture and the poor circumstances under which the lady had undergone treatment I award Rs.6,000/- towards compensation for pain and sufferings. Certainly, there would have been temporary disability, loss of amenities and enjoyment in life and for which I grant another Rs.6,000/- thereby totaling Rs.17,000/-. The Tribunal has already granted an amount of Rs.11,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of M.A.C.A. 510 OF 2003 -:3:- petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-