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 16TH JUNE 2009 / 26TH JYAISHTA 1931 MACA.No. 345 of 2007 ------------------------------------ OPMV.1370/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ---------------------------------------- KARTHIKEYAN, S/O. KUNJAYYAPPAN, PAZHOOPARAMBIL HOUSE, VEMBALLUR P.O., ANCHANGADI. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. SHANMUGHAN V.K., VALIYAPARAMBIL HOUSE, P.O.KOOLIMUTTAM, THRISSUR DISTRICT. 2. THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, BRANCH, NORTH PARAVUR. ADV. SMT.SARAH SALVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A. NO. 345 OF 2007 A --------------------------------------------------- Dated this the 16th June, 2009 JUDGMENT Joseph, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He is dissatisfied with the quantum of compensation awarded. 2. We heard the learned counsel for the appellant as also the learned counsel appearing for the second respondent, Insurance Company. 3. The appellant is awarded a sum of Rs.78,826/= with interest at 6 per cent. Learned counsel for the appellant submits that the income is erroneously taken as Rs.1,500/= per month and the accident took place in the year 2000. Appellant was a milk vendor and it is submitted that he was maintaining a family. He has given oral evidence also. Learned counsel further contends that in arriving at the disability, the tribunal MACA.345/07 2 should have taken permanent disability at 25 per cent. In this regard he relies of a Certificate issued by the Doctor. This Certificate was issued on 1.5.2001. The tribunal found that when the Doctor examined the appellant on 12.8.2005, he assessed only 12 per cent permanent disability. It was thereupon,. after taking note of the injuries sustained and the period of treatment undergone and the functional disability caused to him that the tribunal arrived at the finding that the appellant suffered 12 per cent permanent disability. It was accordingly that compensation for disability was arrived at Rs.17,280/=. Counsel for the appellant further points out that the appellant has incurred expenses towards transport for availing treatment three times. Appellant was awarded only Rs.500/=. He submits that towards pain and suffering, the appellant was awarded only Rs.12,000/=. 4. Learned counsel for the respondent Insurance Company MACA.345/07 3 would support the Award. Having heard the learned counsel for the parties, we feel that the appellant should be entitled to enhancement in compensation. We notice that the accident took place in the year 2000. Appellant was aged 58 years and he was maintaining a family, and having regard to the fact that he has also given evidence, we can safely take the income of the appellant at Rs.2,000/= per month. If that be so, the appellant would be entitled to Rs.5,760/= more towards disability which is rounded off to Rs.6,000/=. We feel that the appellant should also be awarded Rs.1,000/= more towards transportation. Further, having regard to the fact that the appellant was in hospital for 47 days and had suffered three major fractures, for pain and suffering, the appellant should be awarded a sum of Rs.3,000/= more. Accordingly, the Appeal is allowed in part and the appellant is allowed to realise Rs.10,000/= more with interest at 7.5 per cent from the date of the petition till the date of realisation from the respondents. There will be a direction MACA.345/07 4 against the second respondent to deposit the aforesaid amount within one month from today and the appellant is allowed to withdraw the amount. The second respondent is allowed to recover the amount from the first respondent. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge