IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 247 of 2005() -------------------------------- OPMV.517/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------------ M.P. CHAKKUNNI, S/O. PYLOTH, MANJALY HOUSE, P.O. THALOOR, THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. C.V. ANTONY, S/O. VAREED, CHAKKALAKAL HOUSE, P.O. PULLUR, THRISSUR DISTRICT. 2. SHYJAN. N., S/O. VIJAYAN, MANGALAN HOUSE, VALLISSERY P.O., THRISSUR DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., BRANCH THRISSUR. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.247 OF 2005 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.517 of 1996. The claimant, a 50 year old man working as Assistant in the Veterinary Hospital, sustained injuries in a road accident, as a result of which he had sustained fracture and other injuries and the Tribunal has awarded him a compensation of Rs.45,963/- with 6% interest. Aggrieved by that decision, the claimant has come up in appeal for enhancement. 2. Heard the counsel on both sides and perused the award. An overall analysis would show that the Tribunal has been reasonable except on one or two points which requires consideration. The Tribunal restricted the actual loss of earning for a period of one month on the ground that the claimant had claimed only the compensation between 16.5.1996 to 15.6.1996. But the document made available before the Tribunal establishes that the claimant was on leave from 15.5.1996 to 26.9.1996. This can be accepted for the reason that the claimant was an inpatient in the MACA 247/2005 -:2:- hospital for 37 days and subsequently also for removal of implantation, etc. The reason for claiming the actual loss of earning upto 15.6.1996 was that it was till the date of filing of the application. The Tribunal is competent to consider the actual loss of earning during the pendency of the proceedings also and when it is considered the claimant is entitled to have 4 months loss of earning at the rate of Rs.3,000/- as claimed by him which means he is entitled to an enhancement of Rs.9,000/- under that head. Since the claimant was a Government servant he may not have to suffer any actual loss of earning till the age of retirement. The Tribunal calculated his income after the age of 55 and applied appropriate multiplier and calculated the compensation. The Tribunal should have taken little liberal view in granting loss of amenities and enjoyment in life for the reason that no compensation is awarded to him from the age of 50 to 55 whereas he has undergone maximum suffering. I feel this is a fit case where loss of amenities and enjoyment has to be increased by Rs.2,000/-. On all other heads, the Tribunal has awarded a reasonable compensation. Therefore the claimant will be entitled to an additional compensation of Rs.11,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount MACA 247/2005 -:3:- within 60 days from the date of receipt of a copy of this judgment. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-