IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 MACA.No. 96 of 2008() -------------------------------- OPMV.2080/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ----------------------- A.P.ACHUTHAPRAKASH, S/O.K.M.JANARDHANAN, AGED 34 YEARS, AREEKKARA HOUSE, PADANILAM, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) --------------------------- 1. PARVATHY KOVILAMMA, W/O.BHAGYACHANDRAN ERADI, ERADI BHAVAN, VAZHAYOOR AMSOM DESOM, MALAPPURAM. 2. THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, P.B.NO.3, JASEELA COMPLEX, BYPASS JUNCTION, NILAMBUR ROAD, MANJERI, MALAPPURAM. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.96 OF 2008 ===================== Dated this the 22nd day of October 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.2080 of 1997. The claimant, a representative, sustained injuries in a road accident and he has been awarded a compensation of Rs.35,750/-. Dissatisfied with the same, the claimant has come up in appeal for enhancement. Learned counsel would contend that theTribunal erred in disallowing medical expenses and not awarding proper compensation for loss of earning, etc. 2. Heard the counsel on both sides. It can be clearly seen that the claimant had sustained fracture of femur, fracture of both bones of right leg lower and he was treated in the hospital as an inpatient for a period of 37 days. Without any doubt, it can be held that he should not have been in a position to work actively for a period of 5 months especially taking into consideration that he was a representative by profession. Being a representative, aged between 20 and 25 years I feel at least an income of Rs.2,000/- can be taken for the purpose of calculation. When it is done for 5 MACA 96/2008 -:2:- months loss of earning, the amount will come to Rs.10,000/- and deducting Rs.3,000/- already granted the additional compensation would be Rs.7,000/-. When the income is taken as Rs.2,000/- and disability as 5% and the multiplier adopted is 17, the disability compensation would come to Rs.20,400/- of which Rs12,750/- is already awarded, making an additional compensation of Rs.7,650/-. From the nature of the hospitalization and the prolonged treatment the fact is proved that he had suffered excruciating pain, I allow Rs.2,000/- more under the head pain and suffering. The Tribunal has awarded Rs.2,000/- towards loss of amenities and enjoyment in life. A 25 year young old man sustained fracture of both bones of leg and had undergone prolonged treatment which has resulted in disability and therefore it is certain that it would have caused him loss of amenities and enjoyment in life as well and so under that head also I award Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.19.650/- which I round as Rs.20,000/-. He claimed for additional medical expenses, which cannot be accepted for the reason that the evidence is really lacking. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.20,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is MACA 96/2008 -:3:- directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-