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 TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1522 of 2005(D) ----------------------- OPMV.1576/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: --------------------------- K.MAHESH, S/O.NARAYANAN, AGED 44 YEARS, NO OCCUPATION, RESIDING AT NARAYANA BHAVAN, NEAR K.U.P. SCHOOL, KUTHUPARAMBA, THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): RESPONDENTS: -------------------------- 1. SURESH KUMAR, S/O.BHASKARAN, (OWNER CUM DRIVER), CHENANKULANGARA HOUSE, P.O.CHORODU, VATAKARA, D.L.NO.638,87 BADGE NO.190/87. 2. KERALA STATE INSURANCE DEPARTMENT, DISTRICT INSURANCE OFFICE, PUTHIYARA, KOZHIKODE, (POLICY NO.468/656/98 KKD CF NO. 246/98) GOVERNMENT PLEADER SRI.MOHAMMED RAFFIQ FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 1522 of 2005 -------------------------------------- Dated this the 28th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. The claimant before the Tribunal is in appeal seeking enhancement of the quantum of compensation awarded. He sustained injuries while travelling in an Autorikshaw which capsized, resulting in injuries like fracture of both bones on left leg along with other injuries. He was treated at Baby Memorial Hospital wherein he had undergone surgical operations. After that he was on bed-rest for three months. 2. Learned counsel for the appellant vehemently contended that the appellant was a worker/salesman in a Bakery and Ext.A7 certificate was produced in order to prove his monthly salary as Rs.4000/-. But the Tribunal had allowed only an amount of Rs.9000/- for a period of three months taking his monthly income as Rs.3000/-. According to the appellant he was under treatment for a prolonged period and the amount awarded for loss of earning is highly unrealistic and too inadequate. It is also contended that various amounts awarded under other different heads are highly on the lower side. 3. On an evaluation of the evidence on record it is found that MACA. 1522/05-D 2 the comminuted fracture of both bones on the left leg of the appellant was managed under procedure shown as “Closed I.M. Nailing” with locking-cum-medinov nail. It is also evident that the leg was put under POP slab for a period of about three months. From the nature of the injuries and details of treatment it is evident that the appellant would have abstained from his employment at least for a period of six months. Hence the amount of compensation granted under the head of loss of earnings need be re-fixed. The Tribunal had granted only an amount of Rs.5,000/- towards compensation for pain and suffering. We feel that considering the prolonged treatment the said amount awarded is on the lower side. Under the above circumstances we feel that an enhancement of the total compensation by a further sum of Rs.10,000/- is only just and proper to meet the ends of justice. In the result the appeal is partly allowed modifying the total compensation of Rs.51,000/- granted by the Tribunal by a further sum of Rs.10,000/- which will carry interest @ 9% per annum from the claim petition till payment. The 2nd respondent is directed to make payment of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb