IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 2627 of 2009() ------------------------------------ OPMV.629/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------------- JOSE, S/O.VARU, CHIRAYATH HOUSE, NELLAYI DESOM/ VILLAGE & POST, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS IN OP(MV) --------------------------------------------------------------- 1. SAJU, S/O.SULTAN, PALAYAMCOTTE HOUSE, MATTATHURKUNNU P.O. 2. THE ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. R2 BY ADV. SRI.VPK.PANICKER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2627 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. 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)629/05. The claimant, an Assistant Sub Inspector of Police, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.78,250/-. Prima facie it would appear to be a huge compensation. Dissatisfied with the quantum the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award and the disability certificate made available for perusal would show that the claimant had a type III fracture of the dislocation of right ankle and a disability certificate is produced to show that he was having 11% disability. As usual neither the claimant nor the doctor was examined and the Tribunal was not in a position to understand the correct implications. But however the Tribunal noted that there is some swelling on M.A.C.A. 2627 OF 2009 -:2:- his foot. It has also to be seen that he was on leave for 151 days which means a protracted treatment. The Tribunal has awarded loss of earnings for five months but it would show there was real problem for this man for his movements and therefore taking into consideration those aspects I am inclined to enhance the compensation for pain and sufferings by Rs.5,000/- and loss of amenities by Rs.5,000/- which will also take care of some small disability, if at all it is there. Therefore the claimant is entitled to an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7% 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/-