IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 2073 of 2006(G) ---------------------------- OPMV.945/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN O.P.(MV): ----------------------------------------------- JOSSY PAUL.A., AGED 32 YEARS, S/O.PAUL, ALOOKARAN HOUSE, P.O.PARIYARA, CHALAKUDY, REP.BY POWER OF ATTORNEY HOLDER, A.J.PAUL, S/O.JOHN, AGED 70 YEARS, ALOOKARAN HOUSE, NEAR C0-OPERATIVE BANK, PARIYARAM, CHALAKUDY, THRISSUR DT. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. E.D.ASHOKAN, S/O.DAMODARAN, EDATHADAN HOUSE, P.O.ALOOR, KALLETTHUMKARA. 2. SUBRAMANIAN, S/O.KUNJITHIYAN, RAYPARAMBATH HOUSE, POTTA DESOM, CHALAKUDY. 3. THE MANAGER, THE KERALA STATE INSURANCE DEPARTMENT, DISTRICT INSURANCE, THRISSUR. ADV. SRI.SHEEJO CHACKO FOR R2 SRI.M.N.MANOJ FOR R2 SRIA.G.UNNIKRISHNAN FOR R2 SRI.FRANCO T.J. FOR R1 GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2073 OF 2006 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. 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)945/00. The claimant, an engineer sustained injuries in a road accident and he has been awarded a compensation of Rs.23,623/-. It is against that decision the claimant has come in appeal. The Tribunal has considered his case in paragraph 15 of the award. He was a site engineer in the Kerala Forest Department. His total emolument was Rs.4,930/-. He had sustained a displaced comminuted fracture on the 2nd metacarpal with some other contusions and was treated as an inpatient in the hospital for six days. Though a disability certificate of 15% was produced it was not accepted by the Tribunal but it took the disability at 2% and calculated the compensation. I feel that considering the nature of injuries sustained the disability certificate produced is on the higher side and therefore the Tribunal was right in M.A.C.A. 2073 OF 2006 -:2:- only adopting 2% as disability. But the Tribunal had taken only Rs.1,500/- as income for an engineer. When he retires after the age of 55 this amount is grossly inadequate. It must be at least Rs.3,000/- and when it is done for 2% disability the additional compensation the claimant will be entitled to is Rs.2,880/-. It has to be stated that the claimant was only 27 years at the time of the accident and no compensation is awarded to him since he is employed and therefore he must be adequately compensated at least for loss of amenities and enjoyment in life which has occasioned on account of the injuries sustained. The Tribunal has only awarded Rs.2,500/- under the head of loss of amenities. I enhance it by Rs.3,500/-. Similarly, he would not be in a position to do the job at least for one month and he could have utilized that leave on a later occasion and therefore I enhance the amount for loss of earnings also by Rs.2,500/-. Therefore the claimant will be entitled to an additional compensation of Rs.8,880/- which I round as Rs.9,000/-. In the result the MACA is partly allowed and the M.A.C.A. 2073 OF 2006 -:3:- claimant is awarded an additional compensation of Rs.9,000/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent 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/-