IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 2630 of 2009() ------------------------------------- OPMV.231/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OPMV --------------------------------------------------- ANNAMKUTTY, D/O. AROTHA VAREED, VALLAPPADY DESOM, P.O.KODAKARA AND VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY, SRI.A.N.SANTHOSH. RESPONDENTS/RESPONDENTS IN OPMV ------------------------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. JOHNY, S/O. PULLATTU OUSEPH, POOCHETTY P.O., NADATHARA VILLAGE, THRISSUR DISTRICT. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2630 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)231/05. The claimant, a 55 year old manual labourer, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.31,650/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard. A perusal of paragraph 6 of the award would reveal that the claimant did sustained injuries in face, right iliac region and radiological examination revealed fracture of the zygoma. He had expended Rs.13,150/- towards medical treatment. The Tribunal has only taken an income of Rs.1,500/- for the period of 2004 for a man aged 55 years which is grossly inadequate. Therefore I enhance loss of earnings compensation by Rs.2,000/- taking the income at Rs.2,500/-. Similarly on account of the fracture of the zygoma he would not have been in a position to take M.A.C.A. 2630 OF 2009 -:2:- solid food. Therefore I award Rs.1,000/- towards extra nutritious food. Similarly when there is a fracture of the zygoma it will cause inconvenience for the person regarding his activities and also even in the proper in take of food. So taking into consideration those aspects I award Rs.2,000/- more under that head thus making an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7% interest on the said sum from the date of petition till realisation and the first respondent is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-