IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 MACA.No. 2469 of 2008() ----------------------- OPMV.233/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): PETITIONER -------------- PRINCE T.P. KOTHATTUPARACKAL, RAMAPURAM. BY ADV. SRI.C.M.TOMY RESPONDENT(S): RESPONDENTS:- ---------------------------- 1. SHEEBA SHIJU, KADUTHODI (H), ANTHINADU P.O., KOLLAPPALLY. 2. ROY @ ROY ANTONY, VADAKKEVEETTIL ALANADU P.O., BHARANANGANAM, 3. THE NATIONAL INSURANCE CO.LTD., PALAM, REP. BY ITS BRANCH MANAGER. ADV. SRI.RAJAN P.KALIYATH FOR R3 SRI.P.JACOB MATHEW FOR R3(B/O) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2469 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2010 JUDGMENT Basheer, J. Appellant, who sustained fracture of right foot with dislocation and displaced fracture of the first metatarsal ( left) and base of first metatarsal left foot, in a road traffic accident, filed a claim petition before the Motor Accidents Claims Tribunal seeking compensation from the registered owner, driver and insurer of the offending vehicle. The Tribunal awarded a sum of Rs.18,000/- as compensation which primarily consisted of Rs. 10,000/- for pain and suffering, Rs. 5,000/- towards loss of earnings etc. The above award is impugned in this appeal contending inter alia that the amount awarded is too inadequate and meagre. 2. It is contended by learned counsel for the appellant that the appellant had been working in a Supermarket and earning Rs. 4,500/- as monthly salary. However, the Tribunal without any rhyme or reason took his monthly income as Rs. 2,000/-. It is pointed MACA.No.2469/2008 2 out by the learned counsel that the Tribunal failed to award any compensation for loss of amenities and enjoyment in life. 3. We have heard learned counsel for the Insurance Company also. Having regard to the entire facts and circumstances of the case, we are of the view that a sum of Rs. 10,000/- can be awarded for loss of amenities and enjoyment in life. Similarly, the monthly income of the appellant can be reckoned as Rs. 3,000/-. Therefore, compensation for loss of earnings for three months payable to the appellant will come to Rs. 9,000/- . In other words, the appellant would be entitled to get an additional sum of Rs. 14,000/- with interest @ 9% from the date of petition till the date of realisation. The award passed by the Tribunal is modified to the above extent. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2469/2008 3 MACA.No.2469/2008 4