IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 MACA.No. 2072 of 2007() ----------------------- OPMV.1501/1997 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APELLANT/PETITIONER --------------------------- MOHAMMED, S/O.ALAVI, AGED 57 YEARS, KUNNAMKAD, KARAPOTTA, KANNAMPRA AMSOM, ALATHUR TALUK. BY ADV. SRI.P.K.ASHOKAN RESPONDENTS: RESPONDENTS ------------------------------------ 1. K.A.SAID MUHAMMED, S/O.ABDUL RAHIMAN, KOTTIKAVU P.O., VANIYAMPARA, THRISSUR DISTRICT (OWNER OF VEHICLE NO.KL.10 6418 AUTORICKSHAW). 2. JAYAKUMAR, AGED 23 YEARS, S/O.NARAYANAN, CHOORKUNNU, KANNAMBRA AMSOM, ALATHUR TALUK. 3. UNITED INDIA, INSURANCE COMPANY LTD., THRISSUR. BY ADV. SRI.ROJO J.THURUTHIPARA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2072 OF 2007 --------------------- Dated this the 19th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Additional Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1501/97. The claimant, aged 57 years, sustained injuries in a road accident. He had suffered fracture on the radius of the left forearm. He was admitted initially in the Alathur hospital and later in the Medical College Hospital, Thrissur. He had undergone inpatient treatment for 29 days. The Doctor who treated him issued a disability certificate fixing his disability at 12% on account of the limitation of movements, weakness of grip etc. The Tribunal awarded him a total compensation of Rs.22,000/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Learned counsel would contend that being a tapper by profession and as he had sustained fracture in the hand, he was prevented from doing the work for a considerable length of time. The Tribunal has only awarded a nominal amount towards loss of earning. There is considerable force in the said contention. I am certain that he would not have been in a position to do any work MACA No. 2072/07 2 atleast for three months. So fixing the income at Rs.2,000/- he will be entitled to Rs.6,000/- under that head. So after deducting the amount awarded, the additional amount for which the claimant is entitled to is Rs.2,500/-. This man was treated in the hospital for 29 days as inpatient and had undergone severe pain and suffering. It is true that the accident is of the year 1997. But still I feel the amount awarded for pain and suffering is inadequate. Therefore I enhance it by Rs.2,000/-. 3. Learned counsel would pursue the argument that the disability be calculated and compensation be worked out and that the Tribunal had awarded a global amount of Rs.9,000/-. It is a fact that the man is aged 57 years and the multiplier to be used in such cases is 8. So even if it is worked on a percentage basis, the difference need not be much. But at the same time the Tribunal has not taken into consideration the loss of amenities and enjoyment in life and the difficulty that he will be experiencing in his day to day activities. Taking note of that situation, I am inclined to grant Rs.5,000/- under that head. Thus the claimant will be entitled to an additional compensation of Rs.9,500/-. MACA No. 2072/07 3 In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,500/- 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. 2072/07 4