IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 MACA.No. 952 of 2005() ---------------------------------- OPMV.581/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------------- BEERAN, S/O. ABDUL RAHMAN, MANNATHPARAMBA HOUSE, P.O. CHALINGADU, KAIPAMANGALAM, THRISSUR DISTRICT. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.SREEKANTH.K.R. RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. K.V. AUGUSTINE, KIRIYANTHAN HOUSE, NEAR GOVERNMENT HOSPITAL, KATTOOR, THRISSUR DISTRICT. 2. SHAMSUDHEEN, S/O. HANEEFA, ELLATHUPARAMBIL VEEDU, MOONUPEEDIKA, KAIPAMANGALAM, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE CO.LTD., CHALAKUDY BRANCH. R3 BY ADV. SRI.A.A.MOHAMMED NAZIR . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 952 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of May, 2010. 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)581/98. The claimant sustained injuries in a road accident on 27.5.1998 and the Tribunal awarded him a compensation of Rs.22,300/-. It is against that decision the claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that the claimant had abrasions on the forehead, contusion on the face and a ligament avulsion on the left knee. On account of the ligamental injury he had undergone inpatient treatment for 15 days and the doctor who had issued the disability certificate of 5% had spoken about the disability of the person. The Tribunal took the income at Rs.1,500/- and calculated the compensation. When a person sustains a ligamental tire it is very painful and especially when it affects the knee one has to undergo excruciating pain for the M.A.C.A. 952 OF 2005 -:2:- injuries so sustained. Therefore taking into consideration all these factors I am inclined to grant slight enhancement as follows. Towards pain and sufferings I grant a sum of Rs.3,000/- more, towards loss of amenities considering the age at 60, I grant Rs.3,000/- and for actual loss of earnings I enhance it by one more month, i.e. Rs.1,500/- thus making it a total additional compensation of Rs.7,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/- 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/-