IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 MACA.No. 1033 of 2009() ----------------------- OPMV.444/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT / PETITIONER. ------------------------------------- AJAYAN, S/O.KUMARAN, AMBALAKKATTIL HOUSE VENDOOR DESOM, AMBALLOOR VILLGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENT/RESPONDENT ------------------------------------ 1. O.V. ANANDAN, OTTALY HOUSE, MUPLIYAM P.O., THRISSUR DISTRICT (OWNER). 2. NARENDRAN, S/O.NARAYANAN, ELANTHOLY HOUSE, MUPLIYAM P.O., THRISSUR DISTRICT ( RIDER). 3. THE ORIENTAL INSURANCE CO. LTD, BRANCH OFFICE, NO.2, KPN SHOPPING COMPLEX, OPP.THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR. ADV. SRI.RAJESH THOMAS FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1033 OF 2009 ............................................. Dated this the 1st day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.444/2004. The claimant, a 26 year old businessman, sustained injuries in a road accident which resulted in amputation of the little toe and the Tribunal has awarded him a compensation of Rs.39,900/=. Even as per the Workmen's Compensation Schedule, percentage of disability is 3% and, therefore, it is properly taken. I feel, enhancement is necessary under the head pain and sufferings as well as loss of amenities and enjoyment. The claimant was admitted in a hospital on 16.1.2004 and discharged on 17.1.2004. He was readmitted on 22.1.2004 and discharged on 27.1.2004 Amputation of the limb would have certainly affected a young man both mentally and physically. Therefore taking into consideration all the aspects, I am inclined to award Rs.3,000/= more towards pain and sufferings and Rs.5,000/= more towards loss of amenities and enjoyment in life by entitling the : 2 : M.A.C.A.No.1033 OF 2009 claimant to have an additional compensation of Rs.8,000/=. 2. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,000/= with 7% interest on the said sum from the date of the petition till realisiation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1033 OF 2009