IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 MACA.No. 1528 of 2007(A) ------------------------------------- (M.V.O.P.NO.1503/2001 OF M.A.C.T, IRINJALAKUDA) .................... APPELLANT/PETITIONER: ------------------------------------- RAJU.E.A., S/O. ELAPPUNGAL ELIAS, VELLIKULANGARA DESOM, VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.V.BINOY RAM. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. P.M.KUNJU MOHAMMED, (OWNER), MONAKKAKUDY HOUSE, ERUMATHALA P.O., ALWAYE. 2. SHIBI, (DRIVER), S/O. KURIAKOSE, PUZHANKARAYIL HOUSE, VELLIKULANGARA VILLAGE, MONADY DESOM, P.O.VELLIKULANGARA, MUKUNDAPURAM TALUK. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, CITY HEIGHTS BUILDING, SOUTH JUNCTION, CHALAKUDY. R1 BY ADV. MR.K.A.SHAMSUDEEN, R3 BY ADV. MR.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ------------------------------------- M.A.C.A. NO. 1528 OF 2007 ------------------------------------ DATED THIS THE 11TH DAY OF AUGUST 2009 JUDGMENT K.M. JOSEPH, J. This appeal is against the award in a petition filed under Section 166 of the Motor Vehicles Act 1988 2. Heard learned Counsel appearing for the Appellant and learned Counsel appearing for the Insurance Company as well. 3. The learned Counsel appearing for the appellant submits that as per the certificate issued by the Doctor, who examined the appellant, the appellant is having 10% permanent disability, but only 6% has been taken by the tribunal. Secondly it is contended that the tribunal has erroneously fixed the monthly income of the appellant as Rs.2,000/-. The appellant was 42 years old and is a milk tester. Towards pain and sufferings only Rs.9,000/- has been granted by the tribunal, he contends. 4. The tribunal found that the fractures were united. Appellant sustained fracture clavicle and fracture of proximal phalanx of III M.A.C.A. NO. 1528 OF 2007 2 toe of right foot, contusion abrasion, lacerated wound etc.. We are not inclined to interfere with the percentage of disability fixed by the tribunal. 5. We are inclined to enhance the income of the appellant considering his age, the date of accident, and the evidence of PW1, as 2,500/- per month as against Rs.2,000 fixed by the tribunal. Thus the appellant is entitled to get Rs. 5400/- more towards disability. Appellant is also entitled to get Rs. 1500/- towards loss of earnings. We feel that the compensation awarded in the head of pain and sufferings deserves enhancement. Thus we enhance the compensation for pain and sufferings to Rs. 10,000/- as against Rs.9,000/- fixed by the tribunal in the above head. Accordingly the appeal is allowed in part and the appellant is entitled to realize a sum of Rs. 7,900/-, which is rounded off to Rs.8,000/- more with interest at the rate of 7.5% from the date of the petition till its realization. The appellant is also entitled to M.A.C.A. NO. 1528 OF 2007 3 realize 7.5% interest on the amount already awarded. K.M. JOSEPH (JUDGE) M.L. JOSEPH FRANCIS (JUDGE) pkk