IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 MACA.No. 698 of 2009(G) ---------------------- OPMV.3250/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S):/PETITIONER IN OPMV. ------------------------------------------- RAMAKRISHNAN, S/O.AYYAPPAN, AGED 54 YEASRS, KASUVARATHIL VEETTIL, NEAR SCHOOL KAVALA, THANNEERMUKKAM P.O., CHERTHALA. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S):/RESPONDENTS IN OPMV. ---------------------------------------------- 1. THE MANAGING DIRECTOR,, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. T.S.MOHANAN, S/O.SANKARAN, THATHALAIPARAMBIL HOUSE, NEAR KURUSUPALLY, ALLAPRA DESOM, VENGOLA VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 3. THE NATIONAL INSURANCE CO. LTD. VAZHUTHAKKAD, THIRUVANANTHAPURAM. ADV. SRI.P.JAYASANKAR FOR R3 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 698 OF 2009 = = = = = = = = = = = = = = = Dated this the 15th day of July, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)3250/01. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.18,000/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the respondents. The claimant, a middle aged man, aged 47 years and a toddy tapper by profession sustained injuries in a road accident. It is seen from the medical records available that he had contusion over back at a length of 3 x 3 cm. on the lumbar region as well as a compressed fracture L3 spine. Ext.A2 is the wound certificate and Ext.A6 is the certificate issued from the medical board regarding the fracture on the spine. The Tribunal really did not consider everything but awarded a global amount of Rs.18,000/- M.A.C.A. 698 OF 2009 -:2:- which I feel was not proper. Therefore a recalculation is done to arrive at a compensation. 3. A toddy tapper by profession at the age of 47 years sustained a fracture on the spine. Certainly it would have handicapped him at least for a period of three months and the Tribunal has taken his income at Rs.3,000/-. Therefore towards loss of earnings an amount of Rs.9,000/- is awarded. He had visited the hospital on so many occasions and certainly would have incurred expenses for treatment, extra nourishment, transport etc. Therefore I award a sum of Rs.1,500/- under those heads together. Being a fracture on the spine it would have caused him pain and towards pain and sufferings I award a sum of Rs.10,000/-. Certainly it will cause temporary disability and loss of amenities and enjoyment in life especially for a man aged 47 years. Though no disability certificate is produced I am inclined to grant Rs.5,000/- at least towards loss of amenities and enjoyment in life. Thus making a total compensation of Rs.25,500/- out M.A.C.A. 698 OF 2009 -:3:- of which Rs.18,000/- is already awarded. Therefore the claimant is awarded an additional compensation of Rs.7,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,500/- with 8% 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/-