IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 1470 of 2005() ------------------------------------ OPMV.473/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER INI OP(MV): ----------------------- SHAJU, S/O. JOSE, THAZHUNGA HOUSE, PARIYARAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS.MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------- 1. P.U.SKARIA, PONNOOR HOUSE, ANICAD, AVOLY, MUVATTUPUZHA. 2. PAULSON, S/O. POULOSE, CHEKKAL HOUSE, PULINGARA, KUTTICHIRA. 3. MANAGER, NATIONAL INSURANCE CO. LTD., PULIMOOTTIL SHOPPING ARCADE, THODUPUZGHA. R2 BY ADV. MR.K.I.TOGI R3 BY MR.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1470 OF 2005 ............................................. Dated this the 17th day of September, 2009 J U D G M E N T Notice to R1 dispensed with for the reason that he was ex parte before the trial court and the policy is admitted. 2. This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.473/1999. The claimant, a 26 year old casual worker, sustained injuries in a road accident. The Tribunal has awarded him a compensation of Rs. 30,865/= with 6% interest. It is against that decision, the claimant has come up in appeal for enhancement. The injury sustained by the claimant is fracture of spinal of left scapula and swelling and tenderness on the left clavical. According to the doctor, he had sustained permanent disability at 10%. The doctor was examined as PW2. The Tribunal took the income at Rs.1,500/=, disability at 6% and calculated compensation. It awarded Rs.6,000/= towards pain and sufferings and Rs.2,000/= towards loss of amenities and enjoyment in life. : 2 : M.A.C.A.NO.1470 OF 2005 3. I feel this is a case where the disability can be fixed at 7%. When it is so, the additional compensation entitled under that head would come to Rs.3,240/=. Considering the fact that there had been a fracture of spinal of left scapula and swelling and tenderness on the left clavical, it is certain that it would have caused severe pain to the claimant. It would also have resulted in loss of amenities and enjoyment in life especially to a 26 year old young man. Taking into consideration all these aspects, I am inclined to award Rs.2,000/= more each on these heads additionally. Therefore the claimant will be entitled to an additional compensation of Rs.7,240/=. In the result, the appeal is partly allowed. The claimant is awarded a compensation of Rs.7240/= with 7.5% interest on the said sum from the date of the petition till realisation and the third respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE : 3 : M.A.C.A.NO.1470 OF 2005 cl