IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 5 of 2006() ----------------------------- OPMV.91/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/PETITIONER: -------------------------------------- NARAYANAN. C., S/O. PERACHAN, `ANUGRAHA', MANNURKUNNU, NAIKETTY POST, SULTAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. ASSAINAR, S/O. KUNHAMMED, PILAKKAL HOUSE, CHUNDALE, VYTHIRI TALUK, WAYANAD DISTRICT. (DRIVER OF KCE 4775 JEEP, D.L.NO.NOT KNOWN). 2. M.S. GOPALAKRISHNAN, S/O. BASKARAN EAST MOOVATTY ESTATE, CHUNDALE, VYTHIRI TALUK, WAYANAD DISTRICT. (R.C.OWNER OF KCE 4775 JEEP). (* IS DELETED) *THE NAME OF 2ND RESPONDET IS DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT, VIDE ORDER DATED 08/08/07 IN I.A. NO.1695/07. 3. UNITED INDIA INSURANCE CO.LTD., KALPATTA, (INSURER OF KCE 4775 JEEP) POLICY NO.100/306/31/01/95/3163. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 5 OF 2006 = = = = = = = = = = = = = = = Dated this the 24th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)91/97. The claimant aged 53 years claimed to be a store keeper sustained injuries in a road accident and it can be seen that he had suffered a fracture on the tibia as well as on the fibula. He was treated in the Fathima Matha Mission Hospital, Kalpetta from 30.3.96 to 11.4.96. It can also be seen from his identification marks that the tip of the 3rd toe has been amputated which is not an injury sustained in the accident. He did not produce the wound certificate but had made it available for perusal here. He has also not produced any leave certificate or salary certificate. But in spite of that the Tribunal had awarded him a sum of Rs.3,000/- towards loss of earnings. After perusing the entire award I feel that some enhancement is necessary under the following heads. M.A.C.A. 5 OF 2006 -:2:- 2. If the disability is taken as 4% and suppose his income is taken at Rs.18,000/- per annum after retirement applying a multiplier of 8 the disability compensation would come to Rs.5,760/-. The Tribunal has awarded him temporary disability compensation of Rs.5,000/- and nothing is granted for loss of amenities and enjoyment in life. So, if that fact is also taken into consideration another Rs.3,000/- is granted and the claimant will be entitled to an additional compensation of Rs.3,760/- under that head. 3. Similarly, towards compensation for pain and sufferings the Tribunal has only granted Rs.5,000/- which I feel is inadequate for the reason that he was an inpatient for 11 days and thereafter his leg was under plaster cast for a considerable length of time. For that I enhance the compensation by Rs.3,000/- under that head also. Therefore the claimant will be entitled to an additional compensation of Rs.6,760/-. 4. Learned counsel for the insurance company submits before me under the preliminary award Rs.25,000/- M.A.C.A. 5 OF 2006 -:3:- has already been paid. Suppose there is some amount still due, the insurance company may deposit that amount and the amount of Rs.25,000/- can be given credit to and interest may not be calculated for that amount thereafter. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-