IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 MACA.No. 1681 of 2011() AGAINST THE AWARD DATED 11.01.2011 IN O.P.(M.V) NO.1281 OF 2004 ON THE FILE OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM APPELLANT: G.HARIKUMAR, AGED 39 YEARS, S/O GOPALAKRISHNAN NAIR, ARIKKATHIL HOUSE,UDAYAMPEROOR PO, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ RESPONDENT(S): RESPONDENTS 1. P.MUHAMMED ALI, S/O MOIDEEN, PUNNAKKAN HOUSE, KOLACHERY P.O, THALIPARAMBA, KANNUR DISTRICT, PIN-670 601. 2. P.C.KASIM, S/O MUHAMMED, ALIGAR VGEETTIL,NALAMKERY DESOM, KOLARY VILLAGE, THALASSERY TALUK, KANNUR DISTRICT, PIN-670 702. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED REGIONAL OFFICE, KOCHI-682 011. ERNAKULAM DISTRICT. ADV. SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P.Q.Barkath Ali JJ. = = = = = = = = = = = = = M.A.C.A. No.1681 of 2011 = = = = = = = = = = = = = = Dated this the 15 th day of November, 2011 JUDGMENT Ramkumar J We heard the learned counsel appearing for the appellant as well as Santhamma the learned Standing Counsel for the 3rd respondent/insurer. 2. This is a claimant's appeal. The accident took place on 08.02.2004. The appellant was the pillion rider of a motor cycle. The accident was due to the collision of the offending car with the motor cycle while taking a “U” turn. The appellant claimed a total compensation of Rs.3,00,000/-(Rupees three lakhs only). Injuries sustained by him was a compound fracture of left leg, multiple contused abrasions on the left leg, left foot and both upper limbs and comminuted fracture of the lower 3rd junction of left tibia and fracture of lateral margin of patella. The total monthly income of the appellant who is employed as a Salesman was taken as Rs.3,000/-. The tribunal below also accepted 14% M.A.C.A. No. 1681 of 2011 2 disability as certified by the Medical Board. As against the claim of loss of amenities and enjoyment in life of Rs.60,000/-(Rupees sixty thousand only) what has been awarded is only Rs.18,000/- (Rupees eighteen thousand only). We find that the amounts awarded under the other heads is reasonable. In the case of loss of amenities and enjoyment in life, instead of Rs.18,000/- the tribunal below should have awarded something more. Accordingly, as against an award of Rs.18,000/- granted by the tribunal below under the said head, we are giving Rs.5459/- (Rupees five thousand four hundred fifty nine only) making up a total compensation of Rs.2,03,000/-(Rupees two lakhs three thousand only). The said amount shall carry interest at a rate of 7.5% per annum from the date of petition. The amount shall be deposited by the Insurance Company within two months from today. Dated this the 15th day of November, 2011 V. RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE sj