IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 MACA.No. 154 of 2009() --------------------------------- OPMV. NOS.1717/2000 AND 1721/2000 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------ K.SHAJU, S/O. ABDULLAH, KUNNUMMAL HOUSE, P.O. WEST HILL, KOZHIKODE -5. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. V.M. SAKKEER HUSSAIN, S/O. MUHAMMED, VARIKKAL MAMPETTA HOUSE, PANTHEERANKAVU P.O., KOZHIKODE DIST. 2. ABDUL KALAM, S/O. MOOSANKOYA, KALATHIL VEEDU, PANNIYANKARA, THIRUVANNOOR P.O., KOZHIKODE DIST. 3. NATIONAL INSURANCE CO. LIMITED, MAVOOR ROAD, CALICUT. R3 BY ADV. MR.E.M.JOSEPH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.154 OF 2009 ............................................. Dated this the 13th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the IInd Additional Motor Accident Claims Tribunal, Kozhikode in OP(MV)No.1721/2000. The claimant, a 25 year old young fisherman, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.43,215/= and it is against that decision, the claimant has come up in appeal for enhancement of the compensation. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the records would reveal that the claimant had sustained fracture on the skull, fracture on the nasal bone, a small fracture on the finger of the hand besides edema and sub arachnoid bleeding. As the injury sustained are of serious nature, he was treated as an inpatient in a hospital for 15 days. The Tribunal had elaborately considered the materials and awarded almost a reasonable compensation under all heads. But I feel that it requires some improvement on two heads. Being a : 2 : M.A.C.A.NO.154 OF 2009 fisherman, aged 25 years, there is nothing wrong in fixing his income at Rs.2,500/= and therefore, if it is calculated, he will be entitled to Rs.3,000/= more towards additional compensation under the head of loss of earnings. He is a fisherman by profession and he requires real stamina to carry out his avocation. Similarly at the age of 25 the above mentioned type of fractures certainly would deprive him from real enjoyment in life thereby creating loss of amenities and enjoyment in life. Taking into consideration all those aspects, I am inclined to grant Rs.7,000/= as additional compensation under the head loss of amenities and enjoyment in life. All other heads, the award passed by the Tribunal is sustained. 3. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/= with 7% interest from the date of the petition till realisation and the third respondent insurance company is directed to deposit the said sum 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.154 OF 2009 : 4 : M.A.C.A.NO.154 OF 2009