IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 MACA.No. 1373 of 2006() ----------------------- OPMV.1248/1999 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/CLAIMANT: --------------------------------- A. RAVEENDRAN, AGED 50 YEARS, S/O KUNHI CHATHU NAIR, RESIDING AT ARAPPATTA HOUSE, EKAROOL, UNNIKULAM, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- 1. P.P. KUMARAN, RESIDING AT PALAMALAYIL HOUSE, P.O. THAVINJAL, THALAPPUZHA, WYNAD. 2. VIMAL ROSH, S/O.P.T.BALARKSIHNAN NAIR, RESIDING T VIJAYA VILLA, THAVINJAL AMSOM DESOM, P.O. KAZHUKOTTUR, THALAPPUZHA, WYNAD. 3. THE UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, P.B.NO.41, MAIN ROAD, KALPPETTA. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON 09/07/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1373 of 2006 .................................................................... Dated this the 9th day of July, 2009. JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is the appellant herein. He sustained injuries when a jeep hit against the Motor Cycle in which he was traveling as a pillion rider. The appellant sustained Grade III compound fracture of both bones on his right leg. Medical records produced, especially Exts.A2 and A6 revealed that the appellant had undergone prolonged treatment for delayed union of fracture and he had undergone bone grafting surgery. The appellant was working as U.D. Clerk at Koyilandi Municipality at the time of the accident. As per Ext.A7 certificate his monthly salary at the time of accident was Rs.5,156/-. The appellant points out that as per Ext.A7 certificate he had availed half pay leave for 144 days, earned leave for 96 days and loss of pay leave for 80 days. But the Tribunal observed that he had taken leave only for more than five months and granted only an amount of Rs.20,000/-. It is contended that the loss of salary if worked out on 2 the basis of Ext.A7 certificate would be more than Rs.43,000/-. On a perusal of the certificate and on a calculation based on the monthly salary, we find merit in the contention of the appellant. Learned counsel for the appellant further contended that considering the prolonged treatment and sufferings undergone, the amount of Rs.15,000/- granted as compensation for pain and suffering is highly unreliable and inadequate. 2. Considering the evidence on record and the facts and circumstances of the case, we are inclined to hold that the appellant is entitled for a total amount of Rs.43,000/- under the head of loss of earning. Further, we feel that compensation under the head of pain and suffering need enhancement to Rs.20,000/-. This will entitle the appellant for a total additional sum of Rs.28,000/-. 3. In the result, appeal is partly allowed enhancing the total compensation of Rs.59,800/- awarded by the Tribunal by a further sum of Rs.28,000/-. The original compensation as well as the additional amount awarded in this appeal will carry interest at the rate of 7.5% p.a. from the date of the claim petition till the date of payment. The 3 third respondent-Insurance Company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms