IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH MARCH 2007 / 21ST PHALGUNA 1928 MACA.No. 776 OF 2006() ---------------------- OPMV.407/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA APPELLANT/APPLICANT ------------------------------------ P.P.KOMU, C/O. RAHIM A.K., AMMAMKULAM HOUSE, MANICHIRA, MAVADIKUNNU, POOMALA P.O., S.BATHERY, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE MATHEWS RESPONDENTS: RESPONDENT NO.3 ----------------------------------------------------- NEW INDIA ASSURANCE CO. LTD., MOOSA SETTU BUILDINGS, 2ND FLOOR, OOTTY. BY ADV. SRI.KKM.SHERIF SRI.P.A.MOHAMMED ASHROF SRI.A.A.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/03/2007, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & ANTONY DOMINIC, JJ. = = = = = = = = = = = = = == == = = = = M.A.C.A. NO. 776 OF 2006 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF MARCH, 2007. J U D G M E N T Raman, J. The appellant is the claimant in O.P.(MV) 407/1999 on the files of the Motor Accidents Claims Tribunal, Kalpetta, who sustained injuries as a result of a motor accident. What is disputed in this appeal is the quantum of compensation awarded by the Tribunal. An amount of Rs. 2,50,000/- was claimed by the appellant under various heads against which the Tribunal granted an amount of Rs. 43,000/-. Aggrieved thereby, the claimant has preferred this appeal. 2. The appellant was a supervisor in an Estate and according to him, he was drawing an amount of Rs. 4,500/- per month, by way of salary. However, he did not produce any cogent evidence to prove his income and in such circumstances, the Tribunal took an amount of Rs. 1,500/- as his notional income. The appellant sustained fracture to his right tibia and fibula, lacerated injury of right heel and abnormal mobility of crepitus on MACA 776/2006 :2: right leg and has also undergone an operation. He was in the hospital for 15 days. The Tribunal has only awarded Rs. 5,000/- towards pain and suffering which, we consider, is too low. We find that an amount of Rs. 5,000/- more is to be awarded under this head. Likewise, towards medical expenses, though the claim was for Rs.19,000/- the Tribunal limited it to Rs. 15,000/- applying the schedule and without noting the fact that it is a claim under Section 166 of the Act. The Tribunal ought not have limited the claim toward medical expenditure covered by the medical bills to Rs. 15,000/-. Accordingly, we award Rs. 4,000/- more as additional compensation under this head. As per the disability certificate produced Ext.A4, the appellant has suffered 25% disability. He was at the age of 60 and applying the multiplier of 5 and taking the notional income of Rs. 1,500/- if calculation is made, he will be entitled for an amount of Rs. 28,000/- . As against the same only an amount of Rs. 15,000/- is awarded by the Tribunal. Accordingly, we award an additional compensation of Rs. 13,000/- under this head. No compensation is seen awarded for loss of amenities and we award Rs. 5,000/- under this head. Thus, the appellant is entitled to an additional compensation of Rs. 27,000/- (Twenty seven thousand) over and above the compensation already awarded by the MACA 776/2006 :3: Tribunal. This amount will carry interest at the rate of 7% per annum from the date of petition till realization. The award is modified accordingly. The appeal is disposed of as above. P.R. RAMAN, (JUDGE) ANTONY DOMINIC, (JUDGE) knc/-