IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 MACA.No. 666 of 2009(G) ---------------------- OPMV.2002/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): /PETITIONER. ------------------------------------- JOBY, S/O.CHACKO, THOPPIL HOUSE, ANGADI BHAGAM,ARPOOKARA VILLAGE, ARPOOKARA P.O., KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.SHUBHA ABRAHAM SRI.S.SARATH RESPONDENT(S): RESPONDENTS. ------------------------------------- 1. ABU, S/O.MATHAI, POTHIYAPATAMBU HOUSE, ARPOOKARA P.O., KOTTAYAM. 2. SIJI, NUNNEPARAMBIL HOUSE, KUZHEUVAMKULAM, KOZHUVAANAL, PALAI. 3. THE NEW INDIA ASSURANCE CO. LTD, ETTUMANOOR P.O., KOTTAYAM. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 666 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)2002/03. The claimant, a 21 year old worker in Penta Polymers, Kottayam sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.21,550/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the counsel for the insurance company. The main grievance of the learned counsel for the appellant is that the Tribunal has not considered the salary certificate properly and also it did not consider the disability certificate produced. I have perused the disability certificate which would show that the claimant had sustained a fracture on the 3rd, 4th and 5th metatarsal left foot. He had also fracture on the right upper incisor teeth besides other abrasions. Even going by M.A.C.A. 666 OF 2009 -:2:- the disability certificate the total temporary disability is for four weeks and the partial temporary disability is for another one month. If Rs.3,500/- is taken as his income then for two months additional loss of earnings has to be awarded at Rs.2,000/-. The Doctor had considered the disability on the basis of the wasting of muscles as well as on the disfigurement of the upper and lower lips. Neither the doctor nor the claimant were examined to prove these factors and therefore I feel the Tribunal was justified in not accepting the disability certificate. Whatever it may be, when a young man aged 21 suffers fracture on the 3rd, 4th and 5th metatarsal with a fracture on the teeth it can be inferred that there was corresponding other injuries also on other parts of the body and certainly it would have taken a pretty long time to come to normalcy and even the working capacity would have been affected because of the fracture on the metatarsal. Therefore at least some amount has to be granted for loss of amenities and enjoyment in life for which I grant an amount of Rs.5,000/- under that head. M.A.C.A. 666 OF 2009 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/- with 7.5% 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/-