IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 20TH SEPTEMBER 2007 / 29TH BHADRA 1929 MFA.No. 1020 of 2001 ------------------------- OPMV.1672/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: PETITIONER ---------------------------- SAJU @ KURIAKOSE, S/o VARGHESE, AGED 33 YEARS, CHERUSSERIL HOUSE, EAST MARADY, MUVATTUPUZHA BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: RESPONDENTS ----------------------------------- 1. A.J. THOMAS, AZHIKKATTU HOUSE, NDEUMKUNNAM KARA, CHANGANASSERY TALUK, KOTTAYAM DISTRICT 2. SALU JOSEPH S/o JOSEPH, KOZHIMANNIL HOUSE, NEDUMKUNNAMKARA, CHANGANASSERY TALUK KOTTAYAM DISTRICT (DELETED FROM PARTY ARRAY) 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED,PONKUNNAM BRANCH BY ADV. SRI.JOHN JOSEPH VETTIKAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA 1020/01 1 K.S. RADHAKRISHNAN & A.K. BASHEER, JJ. ----------------------------------------------------------------- M.F.A. No 1020 of 2001 ----------------------------------------------------------------- Dated: 20th September 2007 JUDGMENT Radhakrishnan, J. Claimant in O.P.(M.V) No 1672 of 1997 of the Motor Accidents Claims Tribunal, Muvattupuzha is the appellant. The appeal is preferred by the claimant claiming enhanced compensation. The accident had occurred on 5.7.1997. Claimant sustained serious injuries in the accident. At the time when the accident had happened he was aged 30 years and was an agriculturist. Tribunal awarded an amount of Rs 68,100/- as compensation. Considering the fact that the claimant was an agriculturist aged 30 years and was working a rubber tapper and pineapple planter we are of the view that his monthly income could be taken as Rs 3,000/-. Due to the injuries he could not work for six months and therefore compensation for loss of earning has to be fixed as Rs 18,000/- instead of Rs 9,000/-. For pain and suffering an amount of Rs 15,000/- was awarded by the Tribunal. Considering the fact that he was in the hospital for a number of days and that he had sustained serious injuries and amputation of second and third MFA 1020/01 2 toes he would have suffered considerable pain. Therefore the amount of Rs 15,000/- awarded by the Tribunal is on the lower side. We are inclined to award an additional amount of Rs 15,000/- under that head. For loss of amenities an amount of Rs 10,000/- was awarded. Considering the fact that he had to meet the expenses of bystander during the period of hospitalisation and thereafter we are inclined to award an amount of Rs 15,000/- more under that head. Altogether we award an additional amount of Rs 39,000/-. The total amount awarded will carry interest at the rate of 7.5% from the date of application till date of payment. The appeal is disposed of as above. Sd/- K.S. RADHAKRISHNAN Judge Sd/- A.K. BASHEER Judge en/ [true copy]