IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 MACA.No. 339 of 2004() --------------------------------- OPMV.692/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: ------------------ ABDUL SALAM, S/O. SAYED MUHAMMED, MALYPARAMBIL HOUSE, ELAMDESOM P.O., THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.J.KURIACHAN SMT.P.P.STELLA RESPONDENTS: RESPONDENTS: ------------------------- 1. TIMMY MATHEW, PAZHAYIDATHU HOUSE, KUDAYATHOOR P.O., KOLAPRA, THODUPUZHA TALUK, IDUKKI DISTRICT. 2. SAJEEVAN, S/O. GOPALAKRISHNAN NAIR, KOTHAVAZHIKKAL HOUSE, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 3. THE MANAGER, NOW INDIA ASSURANCE COMPANY LTD., M.G.ROAD,KOCHI. BY ADV. SRI.PMM.NAJEEB KHAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 339 OF 2004 = = = = = = = = = = = = = = = Dated this the 5th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)692/99. The petitioner, a wood load worker by profession sustained injuries in a road accident, ie., rupture of the anterior medial and there was ligament complications as well. He was treated as an inpatient in the hospital for 12 days. The Tribunal fixed his income at Rs.1,500/- and granted him a compensation of Rs.2,250/- towards loss of earning. The learned counsel would submit that it is inadequate. I feel that for a wood load worker an income of Rs.2000/- per month can easily be fixed and therefore I grant an additional compensation of Rs.1,000/- under that head. The Tribunal has compensated adequately under other heads but has not considered regarding the temporary inconvenience, disability and difficulties experienced by the petitioner on account of the rupture as well as ligament tear. When there is such a M.A.C.A. 339 OF 2004 -:2:- complication in the leg of a wood load worker certainly it would have caused him agonizing pain as well as lack of strength in carrying load. Therefore I feel this is a fit case where at least an amount of Rs.3,000/- has to be awarded under that head. Therefore, the claimant is entitled to an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- with 7% interest on the said sum from the date of petition till realisation and the 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/-