IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1614 of 2007() ----------------------- (AGAINST THE JUDGMENT DATED 22/01/2007 IN OPMV.1610/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT(S): PETITIONER IN OP(MV): --------------------------------------------- ANTONY, S/O. ITTIKKURU, KUTTIKKADAN HOUSE, RESIDING AT MAPRANAM DESOM, MADAYIKONAM, MADAYIKONAM P.O.,MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENT(S): RESPONDENTS IN OP(MV): ------------------------------------- 1. NINU, S/O. THILAKAN, KOMBANTHODATH HOUSE, KARUVANNUR P.O. 2. ROBERT, S/O. JACOB, CHIRAMEL HOUSE, CHEMMANDA P.O. 3. MANAGER, UNITED INDIA INSURANCE CO. LTD., IRINJALAKUDA. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- M.A.C.A.No.1614 of 2007 --------------------------------- Dated, this the 30th day of September, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(M.V.) No.1610/2001. The claimant sustained injuries in a road accident whereby he had fracture in both bones of the right leg, besides fracture of second, third and fourth metatarsels of right foot. He had undergone inpatient treatment for a period of 17 days and had expended a sum of almost Rs.40,000/- towards treatment expenses. PW2 issued disability certificate of 13%. The Tribunal took 7% disability, income at Rs.2,000/- and calculated the compensation. Dissatisfied with the award, the claimant has come up in appeal. 2. The injured is working with Alukkas Jewellery and he has not lost his employment. So, really he will not suffer any actual loss of earning till the age of 60. Even thereafter, he can work. Therefore, taking the income at Rs.2,000/- and disability at 13%, if the compensation is calculated, the amount will come only MACA No.1614/2007 -2- Rs.24,960/-, whereas the Tribunal has awarded Rs.25,200/- under the head of permanent disability. So I do not find any necessity to award further amount under the head of permanent disability. 3. The nature of injuries takes in fracture of both bones of the right leg besides fracture of all the metatarsels. Certainly, this would have caused him agonizing pain. He was an inpatient in the hospital for 17 full days and thereafter he continued under plaster cast for a considerable length of time. Therefore, it requires some enhancement. So I enhance the compensation for pain and suffering by Rs.2,000/-. The Tribunal has only awarded a sum of Rs.3,000/- towards loss of amenities to a man aged 44 years, who had sustained very serious fractures on his right leg. Certainly, it will handicap him in the day-today activities and therefore he requires some more compensation under that head. I award a sum of Rs.5,000/- under that head. In other words, the claimant will be entitled to an additional compensation of Rs.7,000/-. 4. In the result, the appeal is partly allowed and the MACA No.1614/2007 -3- claimant is awarded an additional compensation of Rs.7,000/- with 6% interest on the said amount from the date of petition till date of realisation. The respondent insurance company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of the judgment. (M.N.KRISHNAN, JUDGE) jg