IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 1250 of 2006() ----------------------- OPMV.1690/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- JOSEPH K.V. @ KUNJUMON, S/O.VARGHESE, KANDANKERIYIL HOUSE, THALAYOLAPPARAMBU P.O., VAIKOM. BY ADV. SRI.V.K.SUNIL RESPONDENTS/ RESPONDENTS: -------------------------------------------- 1. M.SALAVUDEEN, S/O. MOIDEEN KUNJU, RAHIM MANZIL, CHANDIROOR P.O., ALAPPUZHA. 2. THE NATIONAL INSURANCE CO.LTD., THRIPUNITHARA. 3. PRASANTH KUMAR K.N., S/O.NAGENDRA PAI, KATHITHARAYIL HOUSE, THALAYOLAPPARAMBU P.O., VAIKOM. BY ADV. SRI.E.M.JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1250 OF 2006 --------------------- Dated this the 2nd day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 1690/02. The claimant, aged 30 years doing upholstery work, sustained injuries in a road accident as a result of which he suffered fracture of the lower end of the radius at the intra articular area. He was treated as inpatient in the hospital up to 19.12.01. He had produced a disability certificate of 8%. The Tribunal awarded him a compensation of Rs.18,627/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Heard the counsel appearing for both sides. Learned counsel for the appellant has made available before me a copy of the disability certificate for perusal, which has been marked as court exhibit. The Doctor has certified that there was shortening of the left radius about 1.5 cms with radial deviation. He had fixed the disability at 8%. Neither the claimant nor the Doctor was examined. But the fact remains that there was a fracture on the intra articular area. So atleast a minimum whole body disability of 3% can be taken. Since the accident is of the year 2001, it is only correct to fix the income at Rs.1,750/-. When it is so, the annual loss of earing will come to Rs.630/- which when multiplied by 17 would be Rs.10,710. Over and above this, at least an amount of Rs.2,000/- has to MACA No. 1250/06 2 be given for loss of amenities and enjoyment in life. After deducting Rs.5,000/- already granted, the claimant will be entitled to an additional compensation of Rs.7,710/- under that head. When the income is fixed at Rs.1,750/- per month, towards loss of earning the claimant will be entitled to an amount of Rs.750/- more, which makes the total additional compensation to Rs.8,460/-. 3. Learned counsel for the Insurance Company would contend that the claimant being a pillion rider is not entitled to be indemnified by the Insurance Company. Learned counsel in fairness had given me a copy of the written statement which would reveal that no such contention has been taken before the Tribunal. Therefore, it is not a contention that can be considered at this stage and that too in a claimant's appeal. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,460/- with 6 % interest on the said sum from the date of petition till realisation. 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. 1250/06 3