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. 260 of 2005() -------------------------------- O.P.(MV) NO. 1351/2000 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: --------------------- ANTONY PHILIPOSE, S/O. PHILIPOSE, KAZHUPPAKALAM HOUSE, MADAPPALLY KARA, MADAPPALLY VILLAGE, CHANGANASSERY, KOTTAYAM DIST. BY ADV. SRI. P.M. NATESAN RESPONDENTS: ----------------------- 1. ABDUL RAHIMANKUTTY @ ABDUL RAHIMAN, S/O. SULIMAN, PUTHUPARAMBIL HOUSE, PAIPPADU KARA, PAIPPADU VILLAGE. 2. MUHAMMED ALI, ASHIR MUHAMMED, KASTHURIPARAMBIL, THRIKKODITHANAM, CHANGANASSERY. 3. NATIONAL INSURANCE COMPANY LTD., CHANGANASSERY BRANCH, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI. V.K. PEERMOHAMED KHAN FOR R2 SRI. P. JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No. 260 of 2005 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT Since the Insurance Company has admitted the policy and the challenge is only regarding the quantum of compensation, appearance of respondents 1 and 2 are not necessary. 2. This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P. (MV) No. 1351 of 2000. The claimant, an auto rickshaw driver by profession, sustained injury in a motor accident. He was admitted in the Medical College Hospital, Kottayam on 19-3-2000 and discharged on 21-3-2000. He had a lacerated wound on the neck. X-ray of the chest and left leg was taken, which did not reveal any fracture. Immediately, on discharge from there, he got admitted in the Government hospital, Changanassery and undergone treatment as an inpatient from 21-3-2000 to 8-4-2000 and the certificate shows that it was in connection with the rib injury on the left side. Thereafter, he obtained a disability certificate from the E.S.I. Hospital and it relates to an injury on the shoulder. The disability was fixed at 5%. He had undergone treatment as an inpatient for 21 days. He had a deep injury on the neck. In these MACA 260/05 2 circumstances, I feel that the compensation has to be re-fixed as follows:- Being an auto rickshaw driver by profession, the appellant could not have driven the auto rickshaw for eight weeks. Therefore, I grant him an amount of Rs.4,000/- towards loss of earning. Considering the length of treatment, Rs.5,000/- is granted towards pain and suffering. Certainly there would have been some body attended to hospital and he would have purchased medicine and also would have spent amount for taking various pathological and other tests. He would have also taken some nutritious food. Towards these expenses, I grant him an amount of Rs.3,000/-. Therefore, the claimant will be entitled to a total compensation of Rs.12,000/-. The Tribunal already awarded compensation of Rs.7,000/-. Hence, the claimant will be entitled to an additional compensation of Rs.5,000/-. 3. In the result, the appeal is partly allowed and the appellant is awarded an additional compensation of Rs.5,000/- with 7.5% per annum on the said sum from the date of the petition till realization and the respondent Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of this judgment. M.N.KRISHNAN, JUDGE. mn.