IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 1487 of 2008(B) ------------------------ OPMV.2161/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER ---------------------------------- S.P.SUBAIR, S/O.AHAMMED KOYA, AGED 31 YEARS, S.P.HOUSE, NEAR MALOOR QUARTERS, AREEKOD P.O., NALLALAM, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV) ---------------------------------------- 1. BIJU SEBASTIAN, S/O.DEVASSYA, MAPPLIA PARAMBIL HOUSE, SANTHINAGAR, THAMARASSERY, CALICUT. 2. A.VELAYUDHAN, S/O.KARIKUTTY, POTHUMVETTIKKAL VEEDU, P.O.OLAVATTUR, ERNAD TALUK, MALAPPURAM. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, A.M.BUILDING, NILAMBUR, MALAPPURAM. 4. JACOB CHUNDEKKAT, CATHOLIC CHURCH, NADUVIL, THALIPARAMBA, KANNUR DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1487 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2161/99. The claimant a 22 year old labourer sustained injuries in a road accident. He has been awarded a total compensation of Rs.17,139/- with 6% interest. It is against that decision the insurance company has come up in appeal. Though respondents are served there is no appearance. 2. Heard the learned counsel for the appellant and perused the award and documents. A perusal of the award and documents would reveal that the claimant had sustained a fracture on the fibula and P.O.P. cast was applied. The case sheet was produced as Ext.X1 which revealed that he was an inpatient in the hospital for seven days. The Tribunal took his income at Rs.1,000/- only which I feel is totally inadequate. Even in 1994 the statute has fixed the notional income at Rs.15,000/- per annum. Taking into consideration M.A.C.A. 1487 OF 2008 -:2:- the factum that the accident is of the year 1999 I fix the income at Rs.1,500/- and when it is so for three months loss of earnings the claimant is entitled to an additional compensation of Rs.1,500/- 3. The claimant had suffered a fracture on the fibula and his leg was under plaster cast for a considerable length of time and he had visited hospital on subsequent occasions also and movement of a young man has been curtailed totally for some time and therefore I enhance the compensation for pain and sufferings by Rs.2,000/-. When a young man sustains such a fracture which has resulted in immobility for a considerable period of time at the age of 22 it would have caused him loss of amenities and enjoyment in life for which I enhance the compensation by Rs.4,000/- thereby entitling the claimant to have an additional compensation of Rs.7,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 1487 OF 2008 -:3:- Rs.7,500/- with 6% interest on the said sum from the date of petition till realisation and the insurance company on deposit shall be entitled to realise the amount from R1 and R2 in the claim petition, jointly and severally. M.N. KRISHNAN, JUDGE. ul/-