IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 MACA.No. 73 of 2009(B) ------------------------ (AGAINST THE AWARD IN O.P.(MV)3076/01 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.) ........................Z APPELLANT(S): PETITIONER ----------------------------------- VELAYUDHAN, AGED 49 YEARS, S/O. KALYANI, MATHOTTATHIL VEEDU, CHEVARAMBALAM.P.O, CHEVAYUR AMSOM, KOZHIKODE DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS ----------------------------------- 1. MAHESH ANAND, S/O. ANANDAN, NITHYANANDA BHAVAN, MYLAMPADI, NELLIKODE, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO. LTD., CHEROOTY ROAD, KOZHIKODE. ADV. SMT.A.SREEKALA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 73 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)3076/01. The claimant, a 43 year old coolie by profession, sustained injuries in a road accident while he was travelling as a pillion rider in a motorcycle. The Tribunal awarded him a compensation of Rs.8,000/-. Dissatisfied with the same he has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant and the insurance company. A perusal of the award itself would reveal that the claimant had sustained fracture on the 2nd, 3rd and 4th meta tarsals. He was only treated as an outpatient. Now I proceed to determine the compensation. 3. Considering the fact that the accident had taken place in the year 1998 and as the person was aged 43 years, a hale and healthy man I fix the income at Rs.1,750/- and grant him two months loss of earnings, i.e. Rs.3,500/-. M.A.C.A. 73 OF 2009 -:2:- Towards treatment expenses I grant Rs.700/-, towards transport expenses I award Rs.300/-, towards extra nourishment and damage to clothing I grant Rs.500/-. Considering the fact that the accident was of the year 1998 compensation for pain and sufferings is fixed at Rs.5,000/-. On account of the injuries sustained there would have been temporary disability and loss of enjoyment in life for some time for which I grant Rs.3,000/- thereby making a total compensation of Rs.13,000/-. Out of this the claimant has been awarded Rs.8,000/-. So he is entitled to an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- with 7.5% interest on the said sum from 7.11.2001 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. Since the accident is of the year 1998 let the amount be disbursed to the claimant. M.N. KRISHNAN, JUDGE. ul/-