IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 MACA.No. 1673 of 2008(F) ------------------------------- OPMV.134/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ---------------------------------- SADIQUE.C.K, S/O. AHAMMEDKUTTY, AGED 29, VALAKADATAZHAM HOUSE, POKKUNNU POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. N.V. ABDUL MAJEED, S/O. MAMUKOYA, IKKATTIRIPARAMBA HOUSE, GURUVAYOORAPPAN COLLEGE, KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO. LTD., CHEROOTTY ROAD, KOZHIKODE. ADV. SMT.P.K.SANTHAMMA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1673 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)134/02. The claimant sustained injuries in a road accident and he has been awarded a total compensation of Rs.24,492/-. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for the appellant as well as the insurance company. Learned counsel for the appellant had made available before me documents for perusal. A perusal of the reference card would indicate that he was admitted in the hospital on 29.9.01 and discharged on 16.11.01. A further perusal would reveal that he had a crush injury, multiple lacerated wound and dislocation and surgery was done. It remains a fact that he had undergone inpatient treatment itself for a period of 47 days. The records would further reveal that he had visited the hospital again with some other complications. He was referred to a Medical M.A.C.A. 1673 OF 2008 -:2:- Board and the Medical Board fixed his disability at 7%. According to the learned counsel for the appellant he was a carpenter by profession and therefore the income taken is totally inadequate. It is contended that the pain and sufferings compensation also is very low. After considering the entire materials I feel that even if he is a labourer in the year 2001 there is no difficultly for him to earn Rs.2,000/- per mensum especially for a young man of 23 years. Therefore I recalculate the compensation for disability by taking the income at Rs.24,000/- per annum which would come to Rs.20,400/- out of which Rs.13,260/- has been granted making an additional compensation of Rs.7,140/-. When the income is taken at Rs.2,000/- the claimant will be entitled to an additional compensation of Rs.3,000/- towards actual loss of earnings. It has to be remembered that with the crush injury he was an inpatient in the hospital for 47 days, a mere compensation of Rs.5,000/- for pain and sufferings is not sufficient. Therefore I increase it by another Rs.5,000/-. In total the claimant will be entitled to an additional compensation of Rs.15,140/-. M.A.C.A. 1673 OF 2008 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,140/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-