IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 MACA.No. 1181 of 2009() ------------------------------------ OPMV.1067/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ BINU,S/O.LONAPPAN, VITHAYATHIL HOUSE, KADUPPASSERY DESOM, MUKUNDAPURAM TALUK. BY ADV. MR.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. SHEJIN,S/O.VARGHESE, PLASSERY HOUSE, KADUPPASSERY VILLAGE, DESOM, MUKUNDAPURAM TALUK.(RIDER) 2. GINU V.L.VITHAYATHIL HOUSE, KADUPPASSERY VILLAGE, DESOM, MUKUNDAPURAM TALUK.(OWNER) 3. THE NEW INDIA ASSURANCE CO.LTD., REP.BY BRANCH MANAGER, PERINCHERY BUILDING, ROUND NORTH, THRISSUR. R3 BY ADV. MR.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1181 OF 2009 ............................................. Dated this the 21st day of October, 2009 J U D G M E N T Notice to R2 returned unclaimed. Held sufficient service. 2. This is an appeal preferred against the award of the Claims Tribunal, irinjalakkuda in OP(MV)No.1067/2004. The claimant, a 23 year old Goldsmith by profession, sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.12,000/=. Dissatisfied with the quantum awarded, the claimant has come up in appeal for enhancement. 3. The learned counsel made available for perusal a copy of the wound certificate which would indicate that he had sustained a lacerated wound over the right foot on the medial side. The Tribunal considered the issue and also recorded that the lacerated wound sustained on the claimant's foot was not a very simple in nature. It is also evidenced for the reason that he was treated as an inpatient in a hospital for 8 days and had expended Rs.6,700/= for : 2 : M.A.C.A.NO.1181 OF 2009 treatment expenses. Especially being a Goldsmith, he has to sit and do the work and the injury on the foot would have certainly affected his working capacity at lest for a few days and there would be loss of amenities and enjoyment in life as well and therefore I award a sum of Rs.2,000/= more towards loss of earnings and another sum of Rs.1,000/= towards loss of amenities and enjoyment in life. 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.1181 OF 2009