IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MACA.No. 985 of 2005() -------------------------------- OPMV.28/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP.(MV) ------------------- T.D. THOMAS, S/O. DEVASSYKUTTY, THEKKETHALA HOUSE, KALLETTUMKARA, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ----------------------- 1. JOY MATHEW, S/O. MATHUNNI, PARAYIL HOUSE, KALLETTUMKARA P.O. 2. JOHNY, S/O. THOMAS, THEKKETHALA HOUSE, THAZHEKKAD, KALLETTUMKARA P.O. 3. THE ORIENTAL INSURANCE CO., SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.985 OF 2005 ===================== Dated this the 18th day of June 2008 JUDGMENT The claimant, aged 31 years, an Air Condition Operator sustained injuries in a scooter accident whereby he had sustained fracture of the mandible both on the right and left side. He was initially treated as an inpatient for 9 days and later he was again readmitted and treated for another 8 days. The Tribunal fixed his income at Rs.1,500/- and granted him two months' loss of earning. Learned counsel for the appellant would contend that the claimant was working as an Air Condition Operator and as his income was Rs.3,000/-, the Tribunal was not right in taking the income as Rs.1,500/-. Considering the nature of the work it can be safely fixed at Rs.2,000/-. Therefore I enhance the compensation by Rs.1,000/- towards loss of earning for two months. It can be seen that the claimant had been in the hospital for a period of 17 days and certainly the fracture of mandible both on the right and left side would have caused difficulties in his day-to- day life with considerable pain. I therefore enhance that compensation by Rs.2,000/-. Similarly for the injuries sustained, there would have been loss CRPs 1918 & 1919/2003 -:2:- of amenities and enjoyment in life. Therefore an amount of Rs.3,000/- has to be awarded under that head. On all other heads, the Tribunal has awarded a proper compensation. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-