IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 1156 of 2006() ----------------------- OPMV.162/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): PETITIONER/APPELLANT: ----------------------------------- ABDULLA @ ABDUL RAHIMAN, S/O. IBRAHIM, AGED 28 YERS, MANIPARAMBA, P.O. KODALAMOGARU, VIA-MANJESWAR-671 323. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): --------------- 1. A. PRASANNAN, S/O. A. NARAYANAN, AGED 34 YEARS, ALIYATH HOUSE, KARINMKALLATHANI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. K.B. BALAKRISHNAN RAI, S/O. BHANDARI RAI, SRI NAVA DURGA PRASAD, M.B. ROAD, MANGALORE-1. 3. THE ORIENTAL INSURANCE CO.LTD., CITY BRANCH, KULAYADI BUILDING, HAMPANKATTA, MANGALORE-1. ADV. SRI.K.K.SATHEESH FOR R1 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.1156 of 2006 .................................................................... Dated this the 28th day of August, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation awarded for the injury sustained by the appellant in a motor accident. We have heard counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. 2. The appellant suffered fracture of right leg and right arm in the accident. He was only 23 years of age at the time of accident. Admittedly appellant was working in a mosque as a Mukri and his income was certified by the Jama-ath at Rs.3,000/- per month. However, MACT did not accept the salary certificate and fixed income at Rs.1,500/- per month for determining loss of earning. It is seen that for loss of earning appellant was granted only Rs.6,000/-. It appears that MACT has not accepted any permanent disability for the appellant. Further, inspite of damage to one leg and one hand, MACT has not awarded any compensation for loss of amenities in life. It is stated that 2 even at the time of issuing the disability certificate, Doctor has recommended one more surgery to the appellant. Having regard to the pain and suffering and the subsequent treatment required, we feel appellant is entitled to a further compensation for pain and suffering and also for loss of amenities in life. However, we do not think there is any necessity to enhance compensation under each and every head and it is enough appellant is compensated with a consolidated amount. We, therefore, grant an additional compensation of Rs.35,000/- which the Insurance Company is directed to deposit with interest at 7.5% p.a from date of application till date of deposit. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms