IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 162 of 2003(P) ----------------------- OPMV.831/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- M.K.SANKARAN S/O. RAYAPPAN NAMBIAR, AGRICULTURIST SEENA NIVAS, OZHAKKODI, VIMALA A NAGAR P.O., MANANTHAVADY TALUK. BY ADV. SRI.V.P.REGHURAJ RESPONDENT(S): RESPONDENTS -------------------------- 1. SUNIL KUMAR S/O. KAMALAKSHAN PILLAI, KALAYIL HOUSE, MULLANKOLLY, KARTIKULAM P.O. MANANTHAVADY TALUK, (DRIVER OF AUTO RIKSHAW NO.KL.12/6109) D.L.NOT KNOWN. 2. C.O.VARGHESE S/O. OUSEPH, CHIRAKKAL HOUSE, KANIYARAM, MANANTHAVADY P.O., MANANTHAVADY TALUK - DIED (RC OWNER OF AUTORIKSHAW) NO.KL.12/6109 3. UNITED INDIA INSURANCE CO. LTD., KALPATTA BRANCH, KALPATTA P.O., (INSURER OF AUTORIKSHAW (NO.KL.12/6109) POLICY NO.100306/31/60/2462/95 CERTIFICATE NO.146852) ADDL. RESPONDENTS: 4. C.V. JACOB, CHIRAKKAL HOUSE, KANIYARAM MANANTHAVADY P.O., WAYANAD DIST. - 670 645 5. C.V. JOSEPH, CHIRAKKAL HOUSE KANIYARAM, MANANTHAVADY P.O. WAYANAD DIST. - 670 645 (IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED 2ND RESPONDENT AS PER ORDER DT. 29.5.2008 IN I.A. 1657/2007) ADV. SRI.P.V.JYOTHI PRASAD FOR R3 SRI.K.ANTONY JOSEPH FOR ADDL. R.4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- M.A.C.A. No. 162 OF 2003 ------------------------------- Dated this the 29th September, 2008. JUDGMENT This appeal is preferred against the award of the Claims Tribunal, Wayanad in O.P.(MV) 831/96. The claimant, a 58 year old agriculturist sustained injuries in a road accident. He was an in patient in the hospital for 41 days. He had also produced a disability certificate, Ext.A8 showing the percentage of permanent disability at 12%. The Tribunal has stated that the disability will adversely affect the earning capacity. It also fixed the income at Rs.2,250/- but only awarded a global compensation of Rs.10,000/-. Even if the disability is taken at 6% and the compensation is worked out for Rs.27,000/- per annum the actual loss of earning would be Rs.1,620/- which when multiplied by 8 would come to Rs.12,960/-. A sum of Rs.6,000/- has to be given above this for loss of amenities and enjoyment in life thus making a total of Rs.18,960/-. Of this the Tribunal has awarded a global amount of Rs.10,000/-. So the claimant is entitled to an additional compensation of Rs.8,960/- under this head. It has also to be M.A.C.A. 162/03 2 remembered that on account of the fracture of the pelvis the poor claimant was in the hospital for 41 days. Therefore, I am inclined to enhance the compensation for pain and suffering by Rs.2,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.10,960/- which I round as Rs.11,000/-. In the result M.A.C.A is partly allowed and the claimant is entitled to an additional compensation of Rs.11,000/- (Rupees eleven thousand only) with 7% interest from the date of petition till realisation and the insurance company is directed to deposit the said amount within a period of sixty days from the receipt of the copy of the judgment. M.N.KRISHNAN JUDGE jj