IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 1194 of 2008(C) --------------------------------- OPMV.427/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER : -------------------------------- C.A.BOBAN, S/O.CHACKO, VELIYIL HOUSE, KALAVOOR P.O., ALAPPUZHA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS/RESPONDENTS : --------------------------------------- 1. GANGADHARAN NAIR A.M., S/O.MADHAVAN NAIR, ASST.DIRECTOR, ENFORCEMENT DIRECTORATE, CALICUT, RESIDING AT AYEKOMATH VELIYIL, PANAVIL P.O.,MAVELIKARA. 2. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, CALICUT-1, REPRESENTED BY ITS MANAGER. ADV. SRI.JOSHI N.THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1194 OF 2008 --------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Addl. Motor Accident Claims Tribunal, Alappuzha, in OP(MV) 427/03. The claimant, aged 38 years, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.20,750/- with 6% interest. It is against the same, the claimant has come up in appeal for enhancement of compensation. 2. Heard the counsel appearing for both sides. A perusal of the award would reveal that the claimant had sustained lacerated wound on the sub condyle region, lacerated wound on the back and fracture of the 7th, 8th and 9th ribs besides other abrasions. He was treated as inpatient in the hospital for 12 days. He was also treated for pneumothorax. He had produced a disability certificate of 12% which was not considered by the Tribunal. It is also stated that he had ischaemia. Learned counsel for the appellant has made available before me for perusal the disability certificate issued by the Doctor which indicates that he was having a chest expansion of only MACA No. 1194/08 2 3 cms which is not adequate to carry heavy work. The Doctor also took into consideration that he was working in the tensiling department. But the Doctor's certificate is vague as anything and therefore it may not be possible for accepting the disability as such. But if the disability of 5% is taken into consideration and the income at Rs.1,500/- per mensum, the disability compensation would come to Rs.14,400/- out of which for loss of amenities and enjoyment in life Rs.4,000/- is granted. Therefore, I am inclined to grant an additional compensation of Rs.10,000/- more towards loss of amenities. On all other heads, I feel the compensation awarded by the Tribunal is just and reasonable. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 6 % 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. 1194/08 3