IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 1741 of 2006() --------------------------------- OPMV.52/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER: ------------------------ SOMAN, S/O.NARAYANAN, VALIYATHOVALAKARA, KALKOONTHAL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): RESPONDENTS --------------------------- 1. THOMAS, S/O. CHACKO, MUTHEDATHUMADATHIL HOUSE, VALIYATHOVALA P.O., PAMPADUM KARA, IDUKKI DISTRICT. 2. NEW INDIA INSURANCE CO.LTD., KATTAPPANA BRANCH, IDUKKI DISTRICT. 3. K.R. RAJAPPAN, KARADIKKUZHY ESTATE, KARADIKUZHY P.O., PEERUMADE. ADV. SRI.LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1741 OF 2006 --------------------------------- Dated this the 18th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.52/2003. The claimant, a 36 year old man, sustained injuries in a road accident and he has been awarded a compensation of Rs. 20,800/-. It is against that decision the present appeal is filed. 2. A perusal of para 19 of the award would reveal that he was an inpatient in St. John's Hospital, Kattappana from 27.10.02 to 30.10.02 and had undergone treatment for a period of ten weeks. He had also produced disability certificate issued by the medical Board which was not accepted by the Tribunal. He claimed 20% disability. A perusal of the award would reveal that the injuries noted are persistent ankylosis right wrist joint with limitation of movement and weakness of the right wrist. There is restriction of the movement and the grip power will come down. I fix disability at 5% and income at Rs. 2,000/-, as done by the Tribunal and so the annual loss of earning power would come to Rs. 1,200/- which when multiplied with an appropriate multiplier of 16 would come to Rs. M.A.C.A.No. 1741 OF 2006 -2- 19,200/-. I am inclined to grant Rs. 3,000/- towards loss of amenities and enjoyment in life. Thus he will be entitled to get compensation of Rs. 22,200/- under these heads out of which Rs. 8,000/- had already been awarded. It means the claimant is entitled to additional compensation of Rs. 14,200/-. Therefore the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 14,200/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of the copy of the judgment. M.N. KRISHNAN,JUDGE vkm