IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 1730 of 2005() ---------------------------------- OPMV.305/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT(PETITIONER) -------------------------------------- JOHNY, S/O.MATHAYI, AGED 26 YEARS, PALLICHANKUDIYIL, PAYYAMPALLY P.O., MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS (RESPONDENTS) ----------------------------------------------- 1. REJI, AGED 23 YEARS, S/O.MATHEW, PULINGALATH HOUSE, GUDALLUR, TAMILNADU (DRIVER). 2. FR.JAMES KUNNATHETT, VIKAR, ST.CATHARINE'S CHURCH, PAYYAMPALLY, MANANTHAVADY TALUK (OWNER). 3. UNITED INDIA INSURANCE COMPANY, SULTHAN BATHERY. 4. ANEESH CYRIL, AGED 20 YEARS, S/O.CYRIL JOSEPH, UPPUVEETTIL HOUSE, PADAMALA, PAYYAMPALLY, MANANTHAVADY TALUK, (DRIVER CUM OWNER OF THE SCHOOTER). 5. NEW INDIA ASSURANCE COMPANY, KALPETTA. BY ADV. SRI.P.G.SURESHKUMAR - R1 SRI.A.T.ANILKUMAR - R1 SRI.P.DALBI EMMANUEL - R1 SRI.THOMAS MATHEW NELLIMOOTTIL - R3 SRI.KKM.SHERIF - R5 SRI.A.A.ZIYAD RAHMAN - R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1730 OF 2005 = = = = = = = = = = = = = = = Dated this the 15th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)305/97. The claimant aged 26 years sustained injuries in a road accident. He had sustained comminuted fracture on both bones of the right leg and other injuries and he was treated as an inpatient in the hospital for a period of 32 days. The Tribunal awarded him a total compensation of Rs.57,000/-. It is against that decision, the present appeal is preferred by the claimant. 2. Heard the counsel for the appellant, R3 and R5. R5, the insurance company is already exonerated from the liability and the liability is cast on the 3rd respondent. The learned counsel only argued on the point of disability mainly. At the age of 26 the young man had sustained fracture of both bones and had undergone prolonged inpatient treatment and had produced a disability certificate at 9%. M.A.C.A. 1730 OF 2005 -:2:- The Tribunal felt it is an exaggerated one but awarded a consolidated sum of Rs.25,000/-. I feel considering the nature of injuries sustained the Court can take at least 5% disability in this case when it is taken and worked out, at the rate of Rs.2,500/- per mensum, the annual loss of earnings would come to Rs.1,500/- which when multiplied with 18 would be Rs.27,000/-. Over and above this the claimant at least has to be given a nominal compensation of Rs.5,000/- for loss of amenities and enjoyment in life and there may not be any overlapping. Therefore the compensation under those two heads would come to Rs.32,000/- of which Rs.25,000/- has already been awarded. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-. On all other heads reasonable compensation has been granted by the Tribunal. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 1730 OF 2005 -:3:- Rs.7,000/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent, 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. M.N. KRISHNAN, JUDGE. ul/-