IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 738 of 2006(C) ------------------------------- OPMV.1232/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- DAVIS, S/O.OUSEPH, ACHINIPPADAN HOUSE, AZHAKAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ------------------------------------------------ 1. VIJAYAKUMAR, S/O.NARAYANAN, THOOMBARAMBIL HOUSE, MEZHATHUR P.O., THRITHALA, PALAKKAD DISTRICT. 2. RAJAN, S/O.VELAPPAN, KAYILLIAM PALLATH HOUSE, PERUMPARAMBU DESOM, EDAPPAL. 3. MANAGER, UNITED INDIA INSURANCE CO.LTD., WESTERN WING, AMBADY BUILDINGS, PONNANI. BY ADV. SRI.JOHN KOSHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 738 OF 2006 = = = = = = = = = = = = = = = Dated this the 31st day of July, 2008. J U D G M E N T Respondents served. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1232/00. The claimant, aged 29 years sustained injuries in a road accident. He had a fracture on the left tibia with contusion on the left hip and abrasions all over the body. He produced Ext.A11 disability certificate and examined the Doctor to prove it as PW2. The disability certificate revealed that he has got difficulty to stand, to walk, to run, to jump, to sit cross legged, to squat, to turn and to lift and carry heavy weight. He is a carpenter by profession. The Tribunal only had fixed the disability at 5% which appears to be on the lower side. I fix it at 7% and recalculate the compensation. When it is done for the extra 2% the annual loss of earning will be Rs.360/- which when multiplied by 18 would come to Rs.6,480/-. For such a fracture the Tribunal has only awarded Rs.5,000/- for pain M.A.C.A. 738 OF 2006 -:2:- and sufferings and Rs.2,500/- for loss of amenities. I feel taking into consideration the injury sustained, hospitalisation and the plaster cast applied, the pain and sufferings compensation should be enhanced by another Rs.2,000/-. The compensation for loss of amenities and enjoyment in life as well enhanced by the same amount, i.e.Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.10,480/- which I round as Rs.10,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,500/- with 6% 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/-