IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 953 of 2008() ---------------------- OPMV.1589/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ PETITIONER ----------------------- SASIKUMAR,AGED 36,S/O.SANKARA MENON PURAKKATTU HOUSE,MARATHAKKARA POST THRISSUR. BY ADV. SRI.T.N.MANOJ RESPONDENTS/ RESPONDENTS: ----------------------------------- 1. GEORGE K.P.M, KOCHAKKADAN HOUSE, MARAVANCHERRY,CHENGALOOR, PUDUKKAD THRISSUR. 2. THE MANAGER, ORIENTAL INSURANCE CO LTD CITY HEIGHTS BUILDINGS, SOUTH CHALAKUDY, THRISSUR. ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 953 OF 2008 --------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1589/02. The claimant, an employee of Appolo Tyres, sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.13,200/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel for the appellant as well as the Insurance Company. Learned counsel for the appellant has made available before me for perusal the documents which he had produced before the Tribunal. A perusal of the certificate, which is marked as Ext.A3, would show that the claimant was not attending the duty from 9.1.02 to 21.2.02. The company has quantified his loss at Rs.15,527/-. The certificate issued by Dr.Ram Mohan would show that the claimant was treated as inpatient from 9.1.02 to 11.1.02 and that he had sustained hemarthrosis of right knee with medial collateral ligament injury, aspiration of knee etc. POP cast has to be done. It is further stated that he required one month’s treatment. The other document MACA No. 953/08 2 made available is the disability certificate issued by Dr. C.P. Johny. The doctor had stated that there is difficulty to squat, climb, kneel down, sit with cross legs, for proper cycling and to do manual labour. He fixed the disability at 10%. Unfortunately, the Tribunal did not consider Ext.A3 properly and went on to observe that there are no documents to show his absence from duty. It is incorrect. Ext. A3 shows that he was prevented from attending the duty for 43 days. Even if the basic salary plus dearness allowance alone is taken into consideration, for the loss of 43 days, the claimant is entitled to get a sum of Rs. 7,611/- towards loss of earning of which only Rs.3,000/- is awarded. Therefore, the claimant will be entitled to an additional compensation of Rs. 4,611/- which I round as Rs.4,600/- under that head. The Tribunal granted a compensation of Rs.10,000/- for pain and suffering but it did not grant any amount for disability or loss of amenities and enjoyment in life. It is true that the disability certificate issued by the doctor does not reflect the verification of treatment records and the nature of difficulties described therein is more about the day to day activities. As the claimant still continues as an employee in the Appolo Tyres, there would not be any loss of MACA No. 953/08 3 earnings for him. But when a person sustains injury on the knee, which affects the ligament certainly it will cause penetrating pain and that it will have some impact on the mobility of the person. In other words, this will cause at least temporary disability and loss of amenities and enjoyment in life for that person. It has to be remembered that he is working as a boiler which requires long standing that will result in pain. Therefore taking into consideration all these aspects, I am inclined to grant an amount of Rs.8,000/- towards loss of amenities and enjoyment in life. Thus the claimant will be entitled to an additional compensation of Rs.12,600 /-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.12,600/- 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. 953/08 4