IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 MACA.No. 541 of 2010() ---------------------------------- OPMV.1601/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------------ BALAKRISHNAN, S/O.APPUKUTTAN KOOTHUPALAKKAL HOUSE, KOLOTHUMPADY DESOM VADAKKEKARA VILLAGE, NADAVARAMBU PO MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS IN OP(MV): ---------------------------------------------------------------- 1. SHIBU, S/O.KARAPPAKUTTY PANNARI HOUE, KARALAM PO THRISSUR DISTRICT. 2. RAMANAN, S/O.KUTTAPPAN KARIYADAN HOUSE, KARANCHIRA, KATTOOR P.O. 3. THE NATIONAL INSURANCE CO.LTD MAIN ROAD, IRINJALAKUDA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.541 OF 2010 ............................................. Dated this the 15th day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1601/2006. The claimant while riding a bicycle, a motor cycle came and hit him resulting injuries to him. The Tribunal awarded him a compensation of Rs.30,900/= and it is against that decision, the claimant has come up in appeal. 2. Heard. A perusal of the award would reveal that the claimant had sustained a fracture of the right tibia. A disability certificate was produced. It was not accepted by the Tribunal. He had expended a sum of Rs.10,200/= for medical expenses. The Tribunal had taken his income only at Rs.2,000/= and it has only awarded an amount of Rs.4,000/= towards loss of amenities and enjoyment in life. 3. Considering the fact that the accident had taken place in the year, 2006, I feel an income of Rs.3,000/= can be easily fixed thereby entitling the claimant to have additional loss of earnings of Rs.3,000/=. The learned counsel for the : 2 : M.A.C.A.NO.541 OF 2010 appellant had made available before me for perusal a copy of the disability certificate which would show that the claimant was treated for post reduction and skeletal traction. It is stated that there is difficulty for him to squat and climb stairs. There was evidence of post traumatic osteo arthritis. Taking into consideration that aspect especially the age of 58, I grant Rs.3,000/= more towards loss of amenities and enjoyment thereby making an additional compensation of Rs.6,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.541 OF 2010 : 4 : M.A.C.A.NO.541 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T