IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 MACA.No. 1251 of 2004() --------------------------------- OPMV.187/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER: -------------------------- MOHANAN, S/O. KRISHNAPILLAI, VADAKKEPPARAMBIL HOUSE, ARAKULAM P.O. MOOLAMATTOM. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): RESPONDENTS: --------------------------- 1. V.H.SHAJI, S/O. HAMEED, VARIPPURATHUKUDY HOUSE, MUVATTUPUZHA. 2. THE ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA. ADV. SRI.P.V.JYOTHI PRASAD FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1251 OF 2004 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No. 187/2001. The claimant, while driving a mini lorry, sustained injuries on account of a collision with another mini lorry. He was treated as inpatient for 16 days and the treatment records revealed that he had multiple abrasions in the right forearm, right leg and the eye brow. He was subjected to arthroscopy and it was found that he had a posterior cruciate ligament injury and lateral meniscus tear. Posterior ligament repair was done and he was discharged on 18.12.2000. The accident took place in the year 2000. The claimant was a driver by profession. There is some force in the contention of the learned counsel for the appellant that his earning has to be fixed at a higher rate. I fix his income at Rs. 2,500/-. Certainly on account of ligament injury with meniscus tear, the claimant would have been deprived from doing any work for four months and therefore towards loss of earning, I award an additional compensation of Rs. 2,000/-. It is true that no disability certificate M.A.C.A. 1251/2004 -2- is produced. But when a person sustains injury that too a driver by profession, it has to be stated that it will result in excruciating pain and also it will restrict the movement. Especially being a driver by profession it will cause him considerable hardship. So certainly he would have suffered temporary disability as well as loss of amenities and enjoyment in life. Towards the same I award an amount of Rs. 5,000/-. Therefore the claimant is entitled to get an additional compensation of Rs. 7,000/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 7,000/- 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