IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2520 of 2008() ----------------------------------- OP. (MV) 1602/2003 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA. ........ APPELLANT(S): PETITIONER:- -------------------------- JAYAN C.M., S/O. CHERUPARAMBIL MADHAVAN, CHETTICHAL DESOM, MATTATHUR VILLAGE, THRISSUR DISTRICT. BY ADV. MR.V.BINOY RAM RESPONDENT(S): ---------------------- 1. T.S. NAFIK, S/O. THIRUNELVELIKARAN SHAHUL, KODAL DESOM, MATTATHUR VILLAGE, THRISSUR DISTRICT. 2. VINOJ K.P., S/O. KALATHINGAL POULOSE, PADY P.O., KODALY, THRISSUR DISTRICT. 3. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, SIMIS COMPLEX, KURUPPAM ROAD, THRISSUR. 4. SIJI K.S., S/O. KALELI SREEDHARAN, CHEMBUCHIRA P.O., THRISUR DISTRICT. 5. K.K. BIJU, S/O. KOMBATH KUNJAPPU, MATTATHURKUNNU P.O., THRISSUR DISTRICT. 6. DISTRICT INSURANCE OFFICER, KERALA STATE INSURANCE DEPARTMENT, THRISSUR. R3 BY ADV. SRI.JOHN JOSEPH VETTIKAD R6 BY SR. GOVERNMENT PLEADER BENNY VARGHESE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2520 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1602/03. The claimant, while travelling as a pillion rider on a motorbike sustained injuries when the motorbike collided with a jeep. The Tribunal found the driver of the jeep negligent and directed the insurance company of the jeep to pay the amount of Rs.12,600/- as compensation. It is for enhancement of that compensation the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of paragraph 6 of the award would reveal that the claimant had sustained a lacerated wound over the right knee and abrasions over the right little toe and 4th toe. He was an inpatient in Saint James Hospital for two days and he had a bone deep lacerated wound over the right patella. As part of treatment M.A.C.A. 2520 OF 2008 -:2:- wound debridement and exploration of the knee was done and the wound was sutured. Even the medical bills came to Rs.6,650/-. I feel that the Tribunal has not awarded adequate compensation for loss of earnings as well as for loss of amenities. Being an electrician by profession having sustained deep lacerated wound over the patella, it would have prevented him from doing any work at least for a period of six weeks. Therefore fixing the income at Rs.2,000/- per month, he would be entitled to Rs.3,000/- as compensation out of which Rs.500/- is granted. Therefore he is awarded an additional compensation of Rs.2,500/- towards loss of earnings. This deep wound and the exploration of patella would reveal that it would have caused him agonizing pain as well as loss of amenities and enjoyment in life. I award a sum of Rs.2,000/- under that head. Therefore the claimant will be entitled to an additional compensation of Rs.4,500/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 2520 OF 2008 -:3:- Rs.4,500/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent, insurance company is directed to deposit the amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-