IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 M.A.C.A.No. 878 of 2004(C) ---------------------- OP(MV)NO.1368/1995 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT/PETITIONER: ---------------------- VINOD S.V. S/O.VIJAYAN, SANKARAMANGALATH HOUSE, P.O.MADAYIKONAM, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENT: ------------------------ 1. M.S.KRISHNAKUMAR, S/O.KARUNAKARA PILLAI, MOOLAYIL HOUSE, KARUKULANGARA, IRINJALAKUDA P.O., THRISSUR DISTRICT. 2. SUNIL, S/O.RAMAKRISHNAN, KOTTAMKULAM HOUSE, PORATHISSERY P.O. THRISSUR DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, IRINJALAKUDA BRANCH, IRINJALAKUDA. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 878 OF 2004 --------------------- Dated this the 28th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1368/95. The claimant, aged 21 years a gold smith by profession, sustained injuries in a road accident. He had suffered fracture of the right femur and was treated as inpatient in the hospital initially for 19 days from 4.9.95 to 23.9.95 and was later admitted from 7.5.97 to 13.5.97 for removal of implantation. The Tribunal took his income at Rs.1,500/- and awarded a compensation of Rs.38,000/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Learned counsel for the appellant would contend that being a gold smith by profession, the Tribunal has taken the income on the lower side and it has not awarded proper compensation on many heads and that the percentage of disability taken is also very low. 3. After hearing both sides and considering the nature of employment, I am inclined to enhance the monthly earning to Rs.1,750/-. When it is calculated for a period of six months, he will MACA No.878/04 2 be entitled to Rs.1,500/- towards additional loss of earning. The disability percentage taken by the Tribunal is 5% . I do not find any ground to disturb it for the reason that what is stated in the disability certificate is just stiffness of the hip. So I will take the percentage of disability at 5% as adopted by the Tribunal. When Rs.1,750/- is taken as the income, the annual loss of earing will come to Rs.1,050/- which when multiplied by 17 will be Rs.17,850/-. After deducting Rs.15,300/-which is already granted as compensation for loss of earning power, the claimant will be entitled to Rs.2,550/-. Certainly the sustainment of fracture of the femur would have caused him loss of amenities and enjoyment in life for which I fix the compensation as Rs.5,000/-. Deducting Rs. 3,700 already granted, the claimant will be entitled to Rs.1,300/-. The Tribunal has only granted Rs.8,000/- towards pain and suffering. But it can be seen that this man was handicapped being in the hospital for a total period of 26 days and was unable to do any work at least for a considerable length of six months. Fracture of the femur would have caused him excruciating pain. Therefore I enhance the compensation for pain and suffering by Rs.2,000/-. Thus, the claimant will be entitled to Rs.7,350/-. MACA No.878/04 3 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,350/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.878/04 4