IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MACA.No. 797 of 2005(G) ----------------------------------- O.P(MV).NO.1679/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... CLAIMANT/APPELLANT: ----------------------------------- KODAKKADAM SALEEM, S/O. GULAM MOHAMED, VALLIKUZHY VEEDU, P.O. KONDOTTY. BY ADV. SRI.K.I.MAYANKUTTY MATHER, ADV. SRI.SUNIL SHANKER. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. JOY SEBASTIAN, S/O. SEBASTIAN, VARIKKANIKKAL, ELLAKKAL P.O. 2. V.T. SEBASTIAN, S/O. THOMAS, VARIKKANIKKAL HOUSE, ELLAKKAL P.O. 3. ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM. 4. E.K. FRANCIS, VIJAYA FEEDS, KUDAKARA. BY ADV. SRI.P.CHANDY JOSEPH, DR.ELIZABETH VARKEY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 797 OF 2005 --------------------- Dated this the 18th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1679/00. the claimant, aged 38 years a coolie by profession, sustained fracture on the spine, lacerated wound over the scalp and injuries on the left thigh. His disability was assessed at 12%. The Tribunal took an income of Rs.1,500/- per month accepted 12% disability and thereafter awarded a compensation of Rs.46,260/-. 2. Learned counsel for the appellant would contend before me that being a 38 year old coolie, the income taken by the Tribunal is grossly inadequate and atleast an amount of Rs.2,500/- per mensum should be taken. In the absence of specific materials, I take it as Rs.1,750 to calculate the compensation. When the income is fixed at Rs.1,750/-, the disability compensation would come to Rs.40,320/- thereby causing an enhancement of Rs.5,760/-. No amount is seen granted for actual loss of earning. On account of the injury sustained that too of a fracture of the spine, it is certain that a MACA No.797/05 2 coolie would not have been in a position to do the work for a period of three months. The medical records made available before me also would reveal that he was advised not to carry weight. So for three months, I award a sum of Rs.5,250/-. He had been granted only an amount of Rs.200/- towards medical expenses which by any stretch of imagination is too inadequate. He was inpatient for almost a week and there would have been somebody with him during the period of hospitalisation. He would have been forced to take medicines by purchasing it from outside as well. So, I increase the amount under that head by Rs.1,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.12,010/-, which is rounded as Rs.12,000/-. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.12,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.797/05 3 MACA No.797/05 4 MACA No.797/05 5