IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 494 of 2008(C) ----------------------------------- OP(MV).NO.1858/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER IN THE O.P.(MV): -------------------------------------------------------------- KORU, S/O.LATE CHATHUKUTTY,AGED 75 YEARS KAIKKUDUKUNNATH HOUSE, PANNIKODE POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN, ADV. SMT.LATHA PRABHAKARAN. RESPONDENTS/ RESPONDENTS IN THE O.P. (MV): ------------------------------------------------------------------------ *1. K. AHAMMEDKUTTY, KUNNUMMEL HOUSE, IRINGALLOOR POST, VENGARA, MALAPPURAM. (DEAD). *THE NAME OF THE R1. IS DELETED AS PER ORDER DATED 26/11/2008 IN C.M..A. NO. 483/08. 2. ABDUL SALEEM, S/O ABOOBACKER, KATTUPARUTHI VEEDU, KARUGANGARA, NARUKARA, MANJERI, ,MALAPPURAM. 3. THE ORIENTAL INSURANCE CO.LTD, JASEELA COMPLEX, NILAMBUR ROAD, MANJERI, MALAPPURAM. R3 BY ADV. SRI.MATHEWS JACOB (SR.), ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 494 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th 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, Kozhikode in O.P.(MV)1858/03. The claimant, a 70 year old man, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.9,000/-. It is against that decision the claimant has come in appeal. 2. Heard the counsel for the appellant as well as the insurance company. The learned counsel for the appellant had made available before me for perusal the treatment records as well as the disability certificate. A perusal of the discharge card would show that he was admitted on 15.6.01 and discharged on 29.6.01. He had a fracture on the neck of femur with other multiple soft tissue injuries. Medical Board assessed his disability as 16% on account of shortening of two inches as well as partial ankylosis of the left hip. The Tribunal did not consider that disability certificate at all which M.A.C.A. 494 OF 2008 -:2:- I feel was not proper. At least the Tribunal should have taken 10% disability for this 70 year old man. If the notional income is taken at Rs.15,000/- per annum and compensation is worked out per year it will be Rs.1,500/- which when multiplied by 5 would be Rs.7,500/-. Over and above this the claimant is entitled to loss of amenities and enjoyment in life of Rs.5,000/- out of which Rs.1,000/- is already awarded. So the claimant will be entitled to an additional compensation of Rs.11,500/- under those heads. The Tribunal has awarded a sum of Rs.4,500/- towards pain and sufferings which I enhance it by another Rs.1,500/- thereby giving an additional compensation of Rs.13,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,000/- with 6% interest on the said sum from the date of 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/-