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 26TH AUGUST 2009 / 4TH BHADRA 1931 MACA.No. 795 of 2003() ---------------------- OPMV.711/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: --------------------------- BABU, S/O.RAGHAVAN, PANDIYATH HOUSE, MULLASSERY P.O. THRISSUR DISTRICT. BY ADV. SRI.V.R.DHEERAJ RESPONDENT(S): RESPONDENT. -------------------------- 1. UNNIKRISHNAN, S/O.SANKARAN NAIR, KAREKKATTE HOUSE, PALANTHARA DESOM AMBALAPPARA VILLAGE, OTTAPALAM TALUK. 2. RAMAKRISHANAN NAIR, KADANGATHU KEERTHIYIL HOUSE, KONDAZHI, MAYANNUR P.O. 3. THE NEW INDIA ASSURANCE CO.LTD., IIND FLOOR, J.R.J.COMPLEX, MAIN ROAD, OTTAPALAM. ADV. SRI.A.C.DEVY, S.C. FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No. 795 of 2003 ---------------------------------- Dated this the 26th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant sustained injuries when an Autorikshaw hit against a Kinetic Honda bike on which he was riding. He sustained fracture of shaft of right radius along with other injuries. Eventhough the appellant claimed that he was working in a Software Technology Company and produced Ext.A9 certificate showing monthly salary of Rs.7,500/-, the certificate was not properly proved by examining anybody. The appellant produced Disability certificate evidencing that the injury sustained had resulted in permanent disability, the extent of which is assessed at 10%. But on a perusal of the certificate the Tribunal found that the only terminal limitation of pronation and supination is mentioned as disability. The Tribunal awarded a total compensation of Rs.27,000/-. 2. The appellant contended that non awarding of any amount under the head of permanent disability is highly erroneous and improper. It is further contended that the amount of Rs.3500/- awarded as temporary loss of earning for a period of 2 months is highly unrealistic considering the salary certificate produced, showing his monthly income as Rs.7500/-. MACA.795/03 2 3. As stated above, we are of the opinion that neither the salary certificate nor the disability certificate were properly proved before the Tribunal. However considering the fact that the injury sustained might have resulted in discomforts and inconvenience to the appellant, we are of the opinion that a lump sum amount under the head of loss of amenities and enjoyment in life can be granted. Further we are of the opinion that the amount of temporary loss of earning awarded by the Tribunal is slightly on the lower side. On an appreciation of the entire facts and circumstances we are of the opinion that an enhancement of the total compensation by a further sum of Rs.8000/- will be just and reasonable to meet the ends of justice. 4. In the result the appeal is partly allowed enhancing the total compensation of Rs.27,000/- awarded by the Tribunal by a further sum of Rs.8000/- which will carry interest at the same rate awarded by the Tribunal from the date of claim petition till payment. The 3rd respondent insurance company is directed to make payment of the amount within a period of two months from the date of receipt of a copy of this Judgment. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb