IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 MACA.No. 385 of 2003(C) ----------------------- OPMV.253/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- CHAKKU, S/O.VARGHESE, ORAVELIKKUDY HOUSE, KONNAKKUZHY P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. M.R.SUNDARAN, S/O.RAGHAVAN, MELEDUPARAMBIL HOUSE, KONNAKKUZHY P.O. 2. UNITED INDIA INSURANCE CO. SREEKUMAR BUILDINGS, SOUTH JUNCTION, CHALAKUDY. ADV. SMT.P.A.REZIYA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 385 OF 2003 -------------------------------------------- Dated this the 19th day of August, 2009 JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. The accident occurred when an Autorickshaw hit against the Motor-cycle on which the appellant was riding. The appellant sustained compound fracture on the shaft of femur, fracture of ribs on the right side, and collapse lung and consolidation right side along with lacerated wound on the scalp and anterior aspect of right thigh. He was initially treated in the Elite Mission Hospital and then at Heart Hospital, Thrissur. He continued treatment as inpatient for 51 days under different spells. He also continued treatment at St. James Hospital, Chalakudy thereafter. The fracture sustained on the lower limb has resulted in mal-union and deformity. The appellant had visible bulging above the right knee level with shortening to the lower limb by two inches, which according to the Doctor, who was examined as PW2, is even visible by naked eye. The Doctor has given evidence elaborating the incapacities, 2 discomforts and difficulties experienced by the appellant. In Ext..A9 certificate the extent of disability is assessed at 41%. The Tribunal adopted 20% disability and income of the appellant at Rs. 1500/- per month. Accordingly an amount of Rs. 61,200/- was awarded under the head of compensation for permanent disability. The total compensation awarded is Rs. 96,000/-. 2. Heard the learned counsel for the appellant and standing counsel appearing for the second respondent-insurance company. The appellant contended that the income adopted by the Tribunal is highly unrealistic. It is further contended that there is no basis for reducing the extent of disability to 20% inspite of expert evidence adduced certifying that it is 41%. The amount granted under the heads of pain and suffering and loss of amenities and enjoyment in life is too meagre, is the contention. 3. On an anxious consideration of the facts and circumstances of the case and on evaluating the evidence on record, we are inclined to accept monthly income of the appellant at Rs. 2,000/- on a moderate estimate, having considered the fact that appellant was a manual labourer. Calculated on that basis, the compensation for permanent disability and loss of earning power need be refixed at Rs. 81600/- 3 (2000x12x17x20%). This will entitle the appellant for an additional amount of Rs. 20,400/- under that head. As a consequence, temporary loss of earning allowed for a period of six months need be enhanced by a further sum of Rs. 3,000/-. We are also persuaded to increase the compensation for pain and suffering by an additional sum of Rs. 8,000/- and compensation for loss of amenities and enjoyment in life by a further sum of Rs. 6,800/-. Thus the appellant is entitled to total enhancement of Rs. 37,200/-. In the result, the appeal is partly allowed enhancing the total compensation of Rs. 96,000/- fixed by the Tribunal by a further sum of Rs. 37,200/-, which will carry interest at the rate of 7.5% per annum from the date of Claim Petition till payment. The second respondent- insurance company is directed to make payment of the amount within a period of three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 4