IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 452 of 2008(C) ----------------------------------- O.P(MV).NO.115/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN THE O.P(MV): ------------------------------------------------------------- P.V. SHAMSSUDIN, S/O.MUHAMMEDKOYA, AGE 36 YEARS, POOVALAPPIL HOUSE, NELLIKKAMPULLITHAZHAM, EDAKKAD P.O., CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENTS/ RESPONDENTS IN THE OP(MV): ---------------------------------------------------------------------- 1. O.J.ROSLI, W/O.JOSEPH, KARADATHAVAYAL, WEST HILL P.O., KOZHIKODE. 2. GIREESHKUMAR, S/O.KUMARAN, KIZHAKKEPADATH HOUSE, NADAKKAVU P.O., CALICUT. 3. THE NEW INDIA ASSURANCE CO.LTD. DIVISIONAL OFFICE, CHEROOTTY ROAD, CALICUT. ADV. SRI.M.RAJAGOPALAN FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.452 OF 2008 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.115 of 1998. The claimant a 27 year old man sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.29,025/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the counsel for the insurance company. A perusal of the award would reveal that the claimant had a very deep lacerated wound over the forearm and it was found that he had sustained a fracture of the radius. He was referred to a Medical Board. The Medical Board assessed his disability at 6% which was not objected to and it was taken into consideration by the Tribunal. But the Tribunal fixed his annual income at Rs.15,000/-. It is evident that he has been working as a butcher in a shop. The accident is of the year 1997. I feel it is proper to fix his income at Rs.1,500/- per month to fix the compensation. When the income is taken as Rs.1,500/- and the multiplier adopted is 17, the MACA 452/2008 -:2:- difference in disability compensation would come to Rs.3,060/-. A perusal of the award would further reveal that he was undergoing treatment for a very long time. The accident took place on 22.5.1997 and he had to undergo inpatient treatment till 5.7.1997. Certainly he would have been prevented from doing any work for a minimum period of 3 months. I therefore award him an additional amount of Rs.2,000/- under the head loss of earning. The claimant had undergone a very prolonged treatment and the Tribunal has awarded only Rs.6,000/- for pain and suffering which I enhance by Rs.4,000/-. A young man had sustained fracture and he would have suffered loss of amenities and enjoyment in life for which I also award Rs.4,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.13,060/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.13,060/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/- MACA 452/2008 -:3:-