IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 MACA.No. 1857 of 2010() --------------------------------- OPMV.67/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ----------------------------------------- TENSON THOMAS,S/O.THOMAS,AGED 24 YEARS, PALATHIYYIL HOUSE,THAIKKAL.P.O,KADAKKARAPPALLY VILLAGE,CHERTHALA TALUK,ALAPPUZHA DISTRICT. BY ADVS. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENT(S): RESPONDENTS -------------------------------------------------- 1. P.M.ASHKAR,S/O.MOITHUNNI,6/716, JUTHAPARAMBIL ROAD,MATTANCHERRY.P.O, MATTANCHERRY VILLAGE,KOCHI TALUK, ERNAKULAM DISTRICT,KOCHI-2. 2. MRS.SABRIA,21/1586,THEVANCHERI HOUSE, PALLURUTHY.P.O,KOCHI-8. 3. ORIENTAL INSURANCE COMPANY LIMITED, PALLURUTHY,COCHIN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1857 OF 2010 = = = = = = = = = = = = = = = Dated this the 8th day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)67/08. The claimant, a 24 year old fish vendor by profession sustained injuries in a road accident and the Tribunal has awarded a consolidated amount of Rs.38,000/-. It has to be stated that the Tribunal should not have given such a global compensation without applying the mind properly. Therefore it has become the task of this Court to recalculate the compensation. 2. The claimant was a 24 year old man and the accident had taken place in the year 2007. His income can be fixed at Rs.2,500/- per month easily. He had been in the hospital for seven days and that he had also sustained fracture on the patella which certainly will affect his working capacity as a fish vendor. So I recalculate the compensation as follows. M.A.C.A. NO. 1857 OF 2010 -:2:- 3. Towards transport expenses, extra nourishment and damage to clothing Rs.500/- each is awarded, towards medical expenses Rs.18,000/- is awarded, towards actual loss of earnings Rs.5,000/- is awarded, towards pain and sufferings an amount of Rs.15,000/- is awarded and for loss of amenities and enjoyment a sum of Rs.5,000/- is awarded. This will make the total compensation at Rs.44,500/-. The Tribunal has awarded Rs.38,000/- as compensation. Therefore the claimant is entitled to an additional compensation of Rs.6,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,500/- with 7.5% 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/-