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 8TH JULY 2009 / 17TH ASHADHA 1931 MACA.No. 379 of 2004(G) ---------------------- OPMV.496/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ----------------------------------- K.K. MUHAMMED, S/O. HYDRU, AGED 37 YEARS, CHULIKKA ESTATE, P.O. MEPPADI, VYTHRI TALUK. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENT(S): --------------- 1. ABID, S/O. MOIDEENKUTTY, AGED 19 YEARS, MADATHODY HOUSE, CHULILKKA ESTATE, KOTTAPPADY, MEPPADI P.O. 2. K. SAINUDHEEN, S/O. MUHAMMED, KUNNATHODI HOUSE, CHULIKKA ESTATE, MEPPADI P.O. 3. VENUGOPAL, S/O. KUNJAPPAN NAIR, AGED 49, PATTARAMADATHIL HOUSE, MELLIMUNDA ESTATE, KOTTAPPADY, MEPADDI P.O. 4. M/S. PODDAR PLANTATIONS, RIPPEN ESTATE, MEPPADI. 5. UNITED INDIA INSURANCE CO.LTD., KALPETTA. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON 08/07/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 379 of 2004 -------------------------------------- Dated this the 8th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant is the claimant before the Motor Accidents Claims Tribunal, Wayanad, Kalpetta in OP(MV) 496/96. He sustained injuries when an Autorikshaw in which he was travelling hit on the rear side of a Lorry. The petitioner sustained fracture of 'olecranon' along with other minor injuries. The appellant claims to be a coolie worker earning monthly income of Rs.2000/-. The appellant is challenging the award on the inadequacy of the quantum of compensation awarded under various heads. According to him the amount of Rs.8000/- awarded towards pain and suffering and Rs.10,000/- awarded towards continuing permanent disability are highly on the lower side. Further he claims that, inspite of production of certificate evidencing permanent disability of 2%, the Tribunal had not granted any amount as compensation for loss of amenities and enjoyment of life. 2. In our considered opinion we feel that the amount of compensation granted under different heads is slightly on the MACA.379/04 2 lower side. Considering the entire facts and circumstances of the case and evidence on record we feel that enhancement by an additional sum of Rs.10,000/- will meet the ends of justice. In the result the appeal is partly allowed enhancing the total amount of Rs.28,475/- awarded by the Tribunal by a further sum of Rs.10,000/-, which will carry interest @ 9% per annum from the date of the claim petition till payment. The 5th respondent-Insurance Company 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