IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No. 627 of 2004() ---------------------- OPMV.2497/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. -------------------------------------- JIJI, S/O.SUKUMARAN, PUTHUPPARAMBIL HOUSE, NEAR PUTHEN PALLIL, CHINGAVANAM P.O. DO. KARA NATTAKOM VILLAGE. BY ADV. SRI.K.A.HASSIM RESPONDENTS: RESPONDENTS. ------------------------- 1. JAFFAR, S/O.SAYED MOHAMMED, KADAPLAKKAL HOUSE, KURUMULLAMTHODAM, KADUVAMOOZHI BHAGAM, VADAKKEKKARA KARA, ERATTUPETTA. 2. SHAJI, S/O.IBRAHIM, VELLAYAMPLACKAL HOUSE, HOUSE NO.VIII/966, ERATTUPETTA. 3. THE ORIENTAL INSURANCE CO.LTD., THODUPUZHA. BY ADV. SRI.BABY THOMAS FOR R1 & R2 SRI.ROJO J.THURUTHIPARA FOR R1 & R2 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------------------------------- M.A.C.A No.627 of 2004 ---------------------------------------------- Dated 11th June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) No.2497/1999. The claimant aged 23 years, a Mechanic had sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.28,800/-. Aggrieved by the said decision, the claimant has come up in appeal. 2. At the outset, learned counsel for the appellant has brought to my notice the calculation mistake committed by the Tribunal. It should have been Rs.29,800/-, instead of Rs.28,800/-. Therefore, I find that the claimant is entitled to an additional compensation of Rs.1,000/-, which has arisen on account of the calculation mistake. 3. The claimant had sustained fracture of the clavicle and had undergone treatment and a disability certificate is produced showing it as 10%. The disability noted are subluxation and limitation of movement. The Doctor has made it clear that it relates to the Orthopaedic disability and not the whole-body MACA NO.627/04 2 disability. The Tribunal took the whole-body disability at 5% and calculated the compensation. One cannot find fault with the said finding. But at the same time, when it is done, the Tribunal should have taken care to see that some compensation is also awarded for the loss of amenities and enjoyment in life. Nothing has been awarded under that head. Therefore, considering the prolonged treatment and nature of the injuries sustained on all parts of the body, I grant him a sum of Rs.5,000/- under that head. The treatment records would reveal that he was undergoing treatment for a considerable length of period and therefore, the loss of earnings would have been granted, at least for three months. Therefore, I enhance Rs.1,500/- under that head. Learned counsel would contend that there has been damage to clothing and other articles. Certainly, some loss must have occurred on account of the accident. I award a sum of Rs.500/- under that head. Thus the appellant will be entitled to an additional compensation of Rs.7,000/-. Adding Rs.1,000/-, which is not deposited on account of the calculation mistake, I fix it as Rs.8,000/-. In the result, the appeal is partly allowed. The claimant MACA NO.627/04 3 is entitled to an additional compensation of Rs.8,000/- with 7% interest on the said amount from the date of the petition till realization and the Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of the judgment. I make it clear that Rs.8,000/- takes in the mistake in calculation of the previous award as well. M.N.KRISHNAN, JUDGE. tgs M.N.KRISHNAN, J. ---------------------------------------------- M.A.C.A. No.627 of 2004 ---------------------------------------------- J U D G M E N T Dated 11th June, 2008.