IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 MACA.No. 1963 of 2006() ----------------------- OPMV.2712/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ------------------------------------- PRADEEP, S/O.KUTTAPPAN, MADAMPIKKATTIL HOUSE, VADOOKKARA P.O., THRISSUR DISTRICT. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: ------------------------- 1. MR.HARISH.P.N., KARUMATHIL HOUSE, VADOOKKARA P.O., THRISSUR. 2. SITIJAN.K.K., S/O.KARTHIKEYAN.K.S., KOODANI HOUSE, VADOOKKARA, THRISSUR. 3. NATIONAL INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD, THRISSUR. 4. UNITED INDIA INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, BRANCH OFFICE, PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR. ADV. SRI.M.A.GEORGE FOR R3 SRI.P.MURALEEDHARAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1963 OF 2006 = = = = = = = = = = = = = = = Dated this the 20th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2712/00. The claimant, aged 18 years claimed to be a goldsmith by profession sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.31,100/-. It is against that decision the claimant has come in appeal for enhancement. 2. A perusal of the award would reveal that he had sustained a bimalleolur fracture right ankle and he was treated as an inpatient in the hospital. The Tribunal took his income at Rs.2,000/- and calculated the compensation. The Tribunal did not accept the disability certificate of 7% on the ground that he did not examine the doctor. But the learned counsel had made available me the copy of the certificate which details right from the inception of the accident and the treatments undergone. It would reveal that he was admitted M.A.C.A. 1963 OF 2006 -:2:- on 7.5.00 and discharged on 15.5.00 and subsequently was readmitted in 2002 on account of some difficulty with the screw inserted and therefore the implants were removed and the doctor has stated that there is limitation of movements of the right ankle and rotation of the joint. The doctor has also stated that he is an auto rickshaw driver by profession. Whether an auto rickshaw driver or a goldsmith when a fracture is sustained on the ankle and as both the profession requires long sitting certainly there will be some difficulty for the person. So I fix the disability at 3%, applying a multiplier of 16 taking the income at Rs.2,000/-, the disability compensation would come to Rs.11,520/-. An amount of Rs.5,000/- can be awarded as compensation for loss of amenities and enjoyment in life. Then the total amount would come to Rs.16,520/- out of which Rs.12,000/- is granted by way of loss of amenities and discomfort compensation. So the claimant will be entitled to an additional compensation of Rs.4,520/- after deducting the same. M.A.C.A. 1963 OF 2006 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,520/- with 7% interest on the said sum from the date of petition till realisation and the 4th 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/-