IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 197 of 2006() ---------------------- OPMV.1143/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER ------------------------------------- RAMKUMAR, AGED 25 YEARS, S/O.KRISHNANKUTTY, PUTHENVEETTIL, ATTORE, KUTTUR.P.O, THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.SREEKANTH.K.R RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. K.R.DINESH, S/O.RAJAMANI, 14/89-B, KUNNATHUPARAMBIL HOUSE, CHIYYARAM.P.O, THRISSUR DISTRICT. 2. K.R.ANISH, S/O.RAJAMANI, 14/89-B, KUNNATHUPARAMBIL HOUSE, CHIYYARAM.P.O, THRISSUR DISTRICT. 3. THE NEW INDIA INSURANCE CO. LTD., PERINCHERY BUILDINGS, ROUND NORTH, THRISSUR. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 197 OF 2006 --------------------------------- Dated this the 27th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thrissur in O.P.(MV) No.1143/2000. The claimant, a 25 year old man claiming to be a Gold worker, sustained injuries in a road accident. As a result of the accident, a reference to para 9 of the award would reveal that he had sustained fracture, dislocation of tarsal bones of right foot. He was treated as inpatient for 21 days. He had produced disability certificate at 13% issued by a Senior Lecturer of the Orthopaedic Department, Medical College Hospital, Thirssur. The tribunal has taken disability at 3% and calculated the compensation. The tribunal had given inadequate compensation for loss of earning, medical expenses, pain and suffering and loss of amenities. Considering the fact that he is a Goldsmith by profession, who has to sit and work for a long time, it is desirable that disability can be taken at 5%. When it is so, for the extra 2%, he will be get an additional compensation of Rs. 8,640/-. On all other aspects the award is adequate. In the result, the M.A.C.A is partly allowed and the claimant is M.A.C.A.No. 197/2006 -2- awarded an additional compensation of Rs. 8,640/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm