IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 MACA.No. 2218 of 2008(C) --------------------------- OPMV.696/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) ----------------------------------------------- ASOKAN, S/O.CHERUTHURUTHI SUBRAN, VEERANCHIRA DESOM, KUTTICHIRA VILLAGE, CHAIPINKUZHY.P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 1 TO 3: ----------------------------------------------- 1. K.J.ABDULKHADER, S/O.KANDAYAN KAREEM, PUTHIPALLY STREET, PALAKKAD. 2. SHAJIMON, S/O.AKAPADAN HANEEFA,, POTHUNDY, NENMANRA VILLAGE. 3. THE NEW INDIA ASSURANCE CO.LTD, PDC BK BUILDING, HPO ROAD, SULTANPET, PALAKKAD. ADV. SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2218 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th 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, Irinjalakuda in O.P.(MV)696/03. The claimant, a 29 year old cleaner by profession, sustained injuries in a road accident and the Tribunal has awarded him a sum of Rs. 63,100/-. Dissatisfied with the same the claimant has come up in appeal for enhancement of the compensation. 2. A perusal of paragraph 12 of the award would reveal that the claimant had sustained a lacerated wound over the nose a punctured wound over the right leg, lacerated wound over the left leg and comminuted fracture of the middle third of the right tibia. Again he was readmitted in the medical college hospital in connection with the complaints of diabetics mellitus. But it cannot be on account of the injuries sustained in the accident. He has also produced a disability certificate showing it at 11% but the M.A.C.A. 2218 OF 2008 -:2:- Tribunal did not accept it on the ground that it had not been properly proved. I feel a little enhancement is necessary under two heads namely loss of amenities and enjoyment, certainly on account of these punctured wounds, comminuted fracture and other wounds in vital parts of the body and the fact that he was under paster cast for a considerable length of time he would not have been in a position to do any work at least for a period of five months and therefore I enhance the compensation for actual loss of earnings by Rs.4,000/-. Similarly at the age of 29 a person who is already having diabetics sustained fracture and deep wounds, certainly the wounds would have aggravated the diabetic problem and it would have resulted in loss of amenities and enjoyment in life for a considerable length of time at least. Taking into consideration that aspect I am inclined to grant Rs.6,000/- more under that head thereby entitling the claimant to an additional compensation of Rs.10,000/- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 2218 OF 2008 -:3:- Rs.10,000/- with 7% 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/-