IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 MACA.No. 37 of 2004(B) ---------------------------- OPMV.1723/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR APPELLANT(S): PETITIONER: ---------------------------------- SADANANDAN, ANJILIMOOTTIL VEEDU, KUZHIVILA KARIKKAM, KULATHUPUZHA. BY ADV. SRI.K.S.MANU RESPONDENT(S)RESPONDENTS: -------------------------------------- 1. MANOJ KUMAR (OWNER), S/O. RAMAKRISHNA PILLAI, SOBHA SADANAM, NOORANADU P.O., PALLIKKAL, ADOOR. 2. MUNEER @ MUHAMMED RAFEEQUE (DRIVER), PUTHEN VEEDU, KULATHUPUZHA. 3. NATIONAL INSURANCE CO. LTD., CERTIFICATE NO.0043200, DIVISIONAL OFFICE, KOLLAM. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 37 OF 2004 = = = = = = = = = = = = = = = Dated this the 17th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)1723/99. The claimant, a 42 year old man sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.48,701/-. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the insurance company. It is seen that the claimant sustained a compressed fracture on the T-12 vertebra and he was initially treated as an inpatient in the hospital from 16.6.99 to 25.6.99. The discharge card, Exts.P7 would reveal that he had been again admitted on 4.2.2001 and discharged on 26.2.01. Ext.A10 is the disability certificate whereby his percentage of disability is fixed at 25%. The Tribunal fixed his income at Rs.1,800/- per month, disability at 10% and awarded the compensation. It can be seen from the M.A.C.A. 37 OF 2004 -:2:- materials available that the claimant had sustained a fracture on the vertebra and had undergone treatment and had sustained disability. It is true that the doctor has not been examined to prove the real percentage of disability. So the Tribunal only assessed the disability at 10%. Considering the fact that he had sustained a fracture on the vertebra that too at the age of 42 I am inclined to increase the disability by 3% and award the compensation. When it is so for 3% disability the additional compensation would come to Rs.9,450/-, i.e., Rs.21,000 x 3 x 15/100. The Tribunal has only awarded Rs.7,000/- towards pain and sufferings which also requires enhancement. I grant an amount of Rs.3,000/- more considering the long treatment he had undergone. Similarly, towards loss of earnings one more month's amount is to be granted which will make the total compensation to Rs.14,250/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,250/- with 7.5% interest on the said sum from the M.A.C.A. 37 OF 2004 -:3:- 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/-