IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 1694 of 2005() --------------------------------- OPMV.397/1996 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER ------------------------------------- C.VELAYUDHAN, S/O.VEEBAN, PARAKULAM VEEDU, PALLASSANA P.O., CHITTUR TALUK. BY ADV. SRI.C.RAGHAVAN RESPONDENTS: ----------------------- 1. A.RADHAKRISHNAN, S/O.APPU, ABALA PARAMBU VEEDU, PANAMGATTRI P.O., KOLLANGODE, CHITTUR TALUK. 2. SANTHI, W/O.SUNDAR RAJAN, THEKKEPAVADI, KOLLENGODE, CHITTUR TALUK. 3. UNITED INDIA INSURANCE CO LTD., G.B. ROAD, PALAKKAD. BY ADV. SRI.K.K.BALAKRISHNAN ADV. SRI.P.MURALEEDHARAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1694 OF 2005 = = = = = = = = = = = = = = = Dated this the 2nd day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)397/96. The claimant aged 25 years, a cleaner by profession sustained injuries in a road accident. A perusal of the award would show that he had suffered a very serious crush injury on the foot. It is very clearly stated that he had an extensive lacerated wound 18 x 10 cms. on the medial aspect of left ankle joint and foot and a comminuted fracture. He was treated in the Medical College Hospital, Thrissur as well as local hospitals at Chittur and Palakkad. He was an inpatient in the hospital for a period of 28 days. The Doctor issued a disability certificate at 17.5%. But the Tribunal, though he was examined, rejected it on the ground that he has taken into consideration the scar mark for fixing the disability. It may not be proper. It can be seen that this young man has sustained a crush injury at a dimension of 18 x 10 cms. with M.A.C.A. 1694 OF 2005 -:2:- fracture and when an injury is sustained on the foot and long hospitalisation is there, certainly there would be disability when it is coupled with the fracture of the bone, the Tribunal should have at least taken a minimum percentage of disability for calculating the compensation. I fix the disability at 8%, take the income at Rs.1,500/- and when it is worked out the annual loss of earnings would come to Rs.1,440/- and when it is multiplied with 18, the proper multiplier, the compensation would come to Rs.25,920/-. Over and above this at least an amount of Rs.5,000/- has to be awarded towards loss of amenities and enjoyment in life. Therefore under the head of disability and loss of amenities the claimant is entitled to an additional compensation of Rs.30,920/-. After deducting Rs.17,000/- already granted the claimant will be entitled to an additional compensation of Rs.13,920/-under that head. It is also to be stated that on account of the injuries he was prevented from doing work for a considerable length of time for which only the Tribunal has awarded Rs.4,500/-. I enhance that compensation by Rs.3,000/-. Similarly, for the serious injuries and taking into M.A.C.A. 1694 OF 2005 -:3:- consideration the period of hospitalisation it is certain that he would have suffered excruciating pain for which I award another Rs.3,000/-. Similarly, it is not possible to keep all the medical bills in tact and as he had such a long treatment, the medical expenses of Rs.100/- is found to be inadequate which I enhance it by another Rs.1,000/-. No amount is seen granted towards bystanders expenses though he was in the hospital for 30 days. I allow a sum of Rs.1,500/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.22,420/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.22,420/- 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/-