IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 1451 of 2006(G) ------------------------------------- OP(MV).NO.455/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR. .................... APPELLANT/ PETITIONER: -------------------------------------- ALEXANDER, S/O.KURIKESSU, CHARIPURATHU VEEDU, KURA P.O., CHENGAMANAD, KOTTARAKARA, KOLLAM DIST. BY ADV. MR.PREMCHAND R.NAIR. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SATEESHAN PILLAI, S/O.SUKUMARA PILLAI, KOCHUKKUTTARA HOUSE, KURA P.O.,CHENGAMANAD P.O., KOTTARAKARA. * 2. J.K.SALEEM, S/O.T.K.ABDUL KASSIM, J.K. MANZIL,MANAKARA ELAMPAL P.O., PUNALUR. *(DELETED) *THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 19/03/2008 IN I.A. NO. 665/2008. 3. THE BRANCH MANAGER, ORIENTAL INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, P.B.NO.8, VIJAYA NAGAR BUILDINGS, PULAMON P.O., KOTTARAKARA. R3 BY ADV. MR.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1451/2006-G: J U D G M E N T No representation. No steps taken to cure the defect. Appellant and counsel absent. Petition to condone the delay and Appeal dismissed for default. C.M.A. NO.1555/06 and I.A. NO.665/08 are also dismissed. 12/01/2009. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. M.N. KRISHNAN, J. ........................................... M.A.C.A. No.1451 OF 2006 ............................................. Dated this the 30th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Punalur in OP(MV)No.455/2003. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.45,389/= with 6% interest. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained fracture of the shaft of the femur. Initially he was admitted in a hospital on 11.12.2002 and discharged on 21.12.2002. It can be seen that he was again admitted in the hospital and internal fixation of the right femur was done under GA and discharged on 4.1.2003 or in other words he was an inpatient in a hospital for 25 days. He has also produced a disability certificate of 15%. It can be seen that he was employed as a Junior Health Inspector with an income of Rs.6,085/= : 2 : M.A.C.A. No.1451 OF 2006 and he had taken 60 days leave. It is also claimed that he had spent Rs.34,000/= towards medical expenses. I feel that the compensation requires enhancement under the following heads: 3. It is proved that he was on leave for 60 days and therefore, the tribunal should not have restricted it to 30 days. Considering his income as Rs.6,000/= per month, I grant Rs.6,000/= towards additional loss of earnings. Certainly after the age of 55, the disability would affect him considerably. So, taking the disability at 8%and his income at Rs.2,000/= and the multiplier of 9 is used, the disability compensation would come to Rs.17,280/= along with it Rs.10,000/= more has to be awarded towards loss of amenities i.e., Rs.27,280/= out of which the tribunal has awarded Rs.15,000/= and therefore the additional compensation under that head would come to Rs.12,280/=. The tribunal has granted him a very nominal compensation of Rs.7,500/= towards pain and sufferings which I enhance by Rs.2,500/=. The petitioner has produced medical bills for Rs.34,000/= but the tribunal has only granted Rs.15,000/=. : 3 : M.A.C.A. No.1451 OF 2006 It has to be remembered that the petitioner has undergone an implantation surgery and he has also to undergo another surgery and all the bills would never be supported by any prescriptions. So taking into consideration all those aspects and to make a consolidated amount, I grant an amount of Rs.9,220/= towards medical expenses. Thus the claimant will be entitled to an additional compensation of Rs.30,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.30,000/= with 6% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A. No.1451 OF 2006