IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 1778 of 2009() ----------------------- OPMV.1086/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARAVUR .................... APPELLANT(S): ADDL.PETITIONERS 2 TO 5 IN OP(MV): --------------------------------------------------------------------------------- 1. SUKUMARI, W/O.LATE SANAN, BLAYIL HOUSE, SAHODARA NAGAR, NARAKKAL VILLAGE, KOCHI TALUK. 2. SIMI, D/O.LATE SANAN, BLAYIL HOUSE, SAHODARA NAGAR, NARAKKAL VILLAGE,KOCHI TALUK. 3. SAINA, D/O.LATE SANAN, BLAYIL HOUSE, SAHODARA NAGAR, NARAKKAL VILLAGE,KOCHI TALUK. 4. SANIL, S/O.LATE SANAN, BLAYIL HOUSE, SAHODARA NAGAR, NARAKKAL VILLAGE,KOCHI TALUK. BY ADVS. MR.C.CHANDRASEKHARAN, MR.P.VISWANADHA MENON. RESPONDENT(S): RESPONDENTS IN OP(MV): --------------------------------------------------------------------- 1. SMT.SELAMATH, W/O.KALAM, 8/468, KURUDAMPARAMBIL HOUSE, EDAVANAKKAD P.O., KOCHI TALUK. 2. G.PASCAL D' CRUSE, S/O.GEORGE D'CRUSE, VELIPARAMBIL HOUSE, ELAMKUNNAPUZHA, KOCHI TALUK. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUNICIPAL SHOPPING COMPLEX, N.PARUR. R1 BY ADV. MR.MATHEWS K.PHILIP THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No. 1778 OF 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, North Parur in O.P.(MV) No. 1086 of 2004. The claimant, a 60 year old man, sustained injuries in a road accident and during the pendency of the petition, he died and his legal representatives are impleaded as additional claimants. The Tribunal, on consideration of the materials, awarded a compensation of Rs.17,000/- with 7% interest per annum from 23-11-2004. Dissatisfied with the amount of compensation, the claimants have come up in appeal. 2. The learned counsel for the appellants very strenuously contends before me that considering the nature of the injuries, the compensation awarded is inadequate and it requires modification. A perusal of the wound certificate, which was made available to me, would reveal that the original claimant had sustained a fracture of the lateral condyletibia and he was treated in K.M.K. Hospital, North Parur from 6-11-2004 to 9-11-2004. Certainly a P.O.P. should have been put and discharged thereafter. I have perused the award. The Tribunal has only granted one month’s loss of earning. Being a Toddy Tapper by profession that too in the year 2004, I MACA 1778/09 2 have no hesitation to fix income at Rs.2,500/- per mensem. When the occupation of the person is taken as a toddy tapper, it is imperative to climb the tree. Since he had sustained the injuries, it would affect his capacity to climb the tree. I, therefore, award Rs.7,500/- towards loss of earning for three months. After deducting Rs.2,000/- already awarded, the claimants will be entitled to additional compensation of Rs.5,500/- under this head. Considering the age and the nature of the fracture sustained, I grant additional compensation of Rs.2,000/- towards pain and suffering. Similarly, when a person sustained a fracture on the leg and being a toddy tapper by profession, he will be unable to do his day today affairs, besides his professional incapacity. Therefore, I award Rs.2,000/- towards loss of amenities and enjoyment. 3. In the result, the appeal is partly allowed and the claimants will be entitled to an additional amount of Rs.9,500/- with 7% interest per annum on the date of the petition till realization and the respondent Insurance Company is directed to deposit the said amount within a period of sixty days from the date of receipt of copy of this judgment. The proportion of the compensation shall be paid, as ordered by the Tribunal. M.N.KRISHNAN, JUDGE. mn.