IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1685 of 2007()
1. BAVA, S/O AHAMMEDKUTTY, AGED 50 YEARS,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. ABDUL SALAM, S/O MUHAMMEDKUTTY,
3. THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SMT.K.C.BEENA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1685 OF 2007
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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