IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 MACA.No. 1474 of 2007() ----------------------- OPMV.2608/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- RAVIRAJ, S/O.BHRAMMANANDAN, RESIDING AT VALIYATHODI HOUSE, NADAKKAVU POST, GANDHI ROAD, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV) ------------------------------------------------------ 1. THE MANAGING PARTNER, SHEEBA MOTOR SERVICE, NDK ROAD, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE: TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. ADV. SRI. LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1474 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2009 JUDGMENT Joseph, J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. As against the claim of the appellant for an amount of Rs. 3 lakhs, the Tribunal has awarded a sum of Rs.86,546/-, the break up details of which are given below: Medical Treatment Rs. 8,000/- Medical bills Rs. 11,216/- Hospitalisation for 10 days Rs. 1,000/- Incidental charges Rs. 1,000/- Pain and suffering Rs.18,000/- Disability Rs.46,080/ Transportation Rs. 1,000/- Damage to clothing Rs. 250/- -------------- Total Rs.86,546/- ======== M.A.C.A.No. 1474 of 2007 2 2. We heard the learned counsel for the appellant and the learned counsel for the second respondent. In view of the fact that the insurance is admitted, we are not issuing notice to the first respondent. 3. The learned counsel for the appellant would contend that the income of the appellant was erroneously fixed at Rs.1,500/- p.m. The appellant was an Electrician. She further contended that no amount was awarded towards loss of amenities. Thirdly the counsel contended that the amount awarded towards pain and sufferings is too low. The appellant was in the hospital for ten days and only Rs.1,000/- was granted. 4. The learned counsel for the second respondent, Insurance Company supported the award. 5. As far as the question of income is concerned, we feel that the appellant is justified in complaining about the amount fixed. The accident was in the year 2001. The appellant was aged 36 years. So he must be having some experience as an Electrician. M.A.C.A.No. 1474 of 2007 3 We feel that the income should have been fixed as Rs.2,000/- On the said basis, the appellant would be entitled to Rs.61,440/- instead of Rs.46,080/- towards disability. Thus, the appellant would be entitled to Rs.15,360/- more, after deducting the amount already awarded under the said head. 6. The Tribunal has found that the appellant had grievous hurt. The C.T. Scan, Ext.A4, shows that there was haematoma formed on the frontal region and fracture on left frontal bone of the appellant. The Tribunal has taken 16% disability as certified. In such circumstances, particularly having regard to the injuries suffered, we feel that the appellant should be granted Rs.10,000/- towards loss of amenities. He has already been awarded a sum of Rs.18,000/- under the head pain and sufferings. So we see no reason to enhance the amount under the said head. 7. Accordingly, this appeal is allowed in part. The appellant is allowed to realise a sum of Rs.25,360/- more, which is rounded off to Rs.25,500/-, with interest at the rate of 7.5% p.a. M.A.C.A.No. 1474 of 2007 4 from the date of the petition till the date of realisation from the second respondent. The appellant is also entitled to 7.5% interest on the amount already awarded by the Tribunal from the date of the petition till the date of realisation from the second respondent. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm