IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 1366 of 2005() ---------------------------------- OPMV.1226/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) --------------------------------------------------- HARIKRISHNAN, S/O.VAINI, KOZHIKKADAN HOUSE, MURINGOOR.P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) -------------------------------------------------------------- 1. P.V.JOSE, S/O.VARGHEESE, PANJIKKARAN HOUSE, ST.JOSEPH CHURCH ROAD, CHALAKUDY.P.O. 2. LAIJU, S/O.ITTIRA, PEREPPADAN HOUSE, PUTHOOPARAMBU, WEST CHALAKUDY. 3. MANAGER, ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1366 OF 2005 = = = = = = = = = = = = = = = Dated this the 25th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1226/99. The claimant, aged 26 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.35,209/-. It is against that decision, the claimant has come forward with an appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the disability certificate would show that there is a ligament rupture with lax joint. The claimant is a soda salesman and therefore he may have to do a lot of physical exercises for carrying out his avocation. The Doctor has fixed the disability at 14% but the Tribunal took it as 8% and calculated the compensation. Considering the fact that he has got a ligamental rupture and also the avocation of a soda salesman I feel that 10% can be easily taken as the disability to calculate the compensation. M.A.C.A. 1366 OF 2005 -:2:- When the income is taken at Rs.1,500/- per mensum and multiplier of 18 is used, the total compensation would come to Rs.32,400/-. Rs.25,920/- has been awarded which means he is entitled to an additional compensation of Rs.6,480/- under that head. It is certain that the ligamental rupture with lax joint would have caused agonizing pain. Even the disability certificate shows that he had temporary disability for quite a long time. Taking into consideration these aspects I enhance the compensation for pain and sufferings by Rs.2,000/-. So the additional compensation would come to Rs.8,480/- which I round as Rs.8,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,500/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-