IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 717 of 2008(A) ----------------------------------- OP(MV).NO.2510/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANT/ PETITIONER: -------------------------------------- V.K.ABDULKAREEM , AGED 23 YEARS, S/O. KOCHUMUHAMMED, THEVACHERI, PARAMBIL HOUSE, 21/1609, PASHNITHODE DESOM EDAKOCHI VILLAGE. BY ADV. SRI.P.M.JOSHI, ADV. SMT.JINU JOHN, ADV. SRI.JOJO VARGHESE. RESPONDENTS: ----------------------- 1. MR. O.X.ANTONY, S/O. XAVIER, ODAMPILLY HOUSE,16/567 A, PAVITHRA SOUTH TO RAMESWARAM KANAL, KARUVELIPADY. 2. M/S. ORIENTAL INSURANCE COMPANY LIMITED SHAN COMPLEX, 6/990 B BAZAR ROAD, MATTANCHERY. 3. MR. CHERIAN JOHN, S/O. JOHN MAMMPOTTIL HOUSE, NARKAMPUZHA, KOOTHEKANAL P.O. KOTTAYAM. 4. M/S. ORIENTAL INSURANCE CO.LTD PUTHENPURACKAL CHAMBERS, PALLURUTHY, KOCHI- 682 006. R4 BY ADV. SRI.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.717 OF 2008 ===================== Dated this the 7th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernazkulam in O.P.(MV)No.2510 of 1999. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.48,770/-. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the learned counsel for the insurance company. The main grievance of the learned counsel for the appellant is to the effect that though he had produced the disability certificate issued by the Medical Board constituted by the General Hospital, Ernakulam fixing the disability at 10%, the Tribunal did not grant compensation on that basis. The Tribunal took the income at Rs.2,000/- that also is challenged. I had gone through the entire award. It can be seen that the accident took place on 27.7.1999 and the plaster was changed only on 19.11.1999. It is also seen that he was advised to undergo physiotherapy and partial weight bearing. Therefore at least 5 months' loss of earning has to be given in this case. I do not find any acceptable particulars to enhance MACA 717/2008 -:2:- the income from Rs.2,000/- and therefore I enhance the loss of earning compensation by Rs.2,000/- for one month. It is true that the Tribunal has not accepted the disability certificate, but to some extent, had taken it into consideration. The Tribunal did not grant any disability compensation as such. If the disability is taken as 5% and income at Rs.2,000/- per annum and a multiplier of 17 is used, the disability compensation would come to Rs.20,400/-. At least an amount of Rs.5,000/- has to be granted towards loss of amenities and enjoyment in life. So, it will come to Rs.25,400/-. Under the head discomfort and inconvenience, the Tribunal had awarded Rs.12,000/-. If that is deducted, the additional compensation would come to Rs.13,400/- thereby making a total compensation of Rs.15,400/-. On all other heads, the Tribunal has awarded just and reasonable compensation. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.15,400/- with 7.5% interest on the said sum from the date of petition till realisation and the 2nd respondent insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/- MACA 717/2008 -:3:-