IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 MACA.No. 1346 of 2007 ------------------------------------ OPMV.1637/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/CLAIMANT: -------------------------------------- K.SURESH KUMAR, S/O.K.KUTTAPPAN NAIR, GOKULAM HOUSE, MUHAMMA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.A.KRISHNAN RESPONDENTS: -------------------------- 1. SUNNY PHILIP, POONTHARA HOUSE, PERUNNA EAST, FATHIMAPURAM, CHANGANACHERRY. 2. THOMAS JOSEPH, S/O.JOSEPH, PARAVANPARAMPIL HOUSE, THENGANA BHAGATH, MADAPPALLY P.O., CHANGANACHERRY. 3. ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, MULLAKKAL BRANCH, ALAPPUZHA. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1346 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August 2010 JUDGMENT Basheer, J. The victim of a road traffic accident is the appellant. He claimed compensation before the Tribunal for the following injuries: Closed fracture mid shaft of femur left leg, fracture 4th and 5th metacarpel bones left hand, fracture distal lower end or radius bone left hand with intra articular and dislocation of left wrist lacerated wound left leg, lacerated wound 4 x 3 cms, dorsal aspect of left hand with skin loss, multiple puncture wounds left leg, lacerated wound 4 x 2 cms above wrist left and dislocation of left wrist. 2. The Tribunal, after considering the oral and documentary evidence available on record, passed an award in favour of the appellant for a sum of Rs.1,80,000/- with 7.5% interest thereon from the date of petition till the date of realisation. 3. It is contended by learned counsel for the appellant that the Tribunal was not justified in reducing the percentage of disability from 18 to 12. He points out that the doctor who issued Ext.A9 disability certificate had made a reasonable assessment of the disability. Therefore, there was no justifiable reason for the Tribunal to bring it down to 12%. 4. But the Tribunal had adverted to the above aspect elaborately with specific reference to the injuries, and found that the percentage of disability as assessed by the doctor in Ext.P9 need not be accepted in toto. We do not find any reason to interfere with the above conclusion arrived at by the Tribunal. M.A.C.A.No.1346 OF 2007 :: 2 :: 5. However, there is considerable force in the contention raised by the learned counsel for the appellant that the Tribunal committed serious error in awarding a very nominal amount of Rs.5,000/- for loss of amenities. Having regard to the nature of the injuries, we are satisfied that the appellant is entitled to get a reasonable enhancement under this head. In our view, the appellant can be awarded an additional sum of Rs.15,000/- for loss of amenities. Similarly, for loss of pain and suffering also an additional sum of Rs.5,000/- can be granted. 6. Thus, the appellant will be entitled to get an additional sum of Rs.20,000/- towards compensation. He shall be entitled to get interest at the rate of 7.5% from the date of application till the date of realisation. The impugned award is modified to the above extent. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes