IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 493 of 2008(C) ------------------------------ OPMV.908/1998 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- A.ASOKAN, AGED 59 YEARS, KEVUNGRA HOUSE, P.O.CHELAVOOR, KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): RESPONDENTS -------------------------- 1. M.KOYASSAN, S/O USSLAM, MADTHUM KUZHIYIL HOUSE, P.O.KIZHAKOTH, KODUVALLY, KOZHIKODE DISTRICT. 2. SABEER, S/O HAMZA, AGE NOT KNOWN, KARIMBANAKKAL VEEDU, NETTUMMAL, KODUVALLY, KOZHIKODE DISTRICT. 3. M/S UNITED INDIA INSURANCE COMPANY LTD CITY BRANCH, 2ND FLOOR, SEEMS TOWERS, BANK ROAD, MAVOOR ROAD, CALICUT. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 493 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)908/98. The claimant, a 50 year old businessman sustained injuries in a road accident. As a result of the accident he has sustained fracture on both bones of leg and he has been awarded a compensation of Rs.61,300/-. Dissatisfied with the same the claimant has come in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that he had sustained fracture on both bones of right leg. Initially he was admitted in the Medical College Hospital and thereafter he was admitted in a private hospital namely Baby Memorial Hospital where internal fixation was done and he was treated as an inpatient for 20 days. The Tribunal awarded what he had expended for treatment. The Tribunal also found that he had already paid an advance tax of M.A.C.A. 493 OF 2008 -:2:- Rs.1,000/- but took his income at Rs.1,500/- per month on the ground that he did not produce the account books which was the best form of evidence. I cannot disagree with the said observation but I feel that the Tribunal should have been little more realistic to a person who was paying advance tax and therefore I enhance his monthly income to Rs.2,500/- and thereby award an amount of Rs.6,000/- more towards temporary loss of earnings. When a person at the age of 50 sustains fracture on both bones of his leg certainly there will be temporary disability and there will be loss of amenities and enjoyment in life and as age progresses it will cause him further trouble. Therefore the Tribunal should have granted him little more under the head of loss of amenities especially when no compensation is granted under the head of disability. Therefore I enhance that compensation by Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 493 OF 2008 -:3:- Rs.8,000/- with 6% 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/-