IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 MACA.No. 680 of 2004(C) -------------------------------- OPMV.356/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT/ORIGINAL PETITIONER --------------------------------------------- P.A.VIDYADHARAN S/O. AYYAPPAN KUTTY, KACHERIPARAMBU HOUSE, EAST KADUNGALLUR, MUPPATHADOM P.O., PARAVUR TALUK, ERNAKULAM DIST. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS: RESPONDENTS ------------------------------------ 1. K.K.VINOD S/O. KRISHNAPPAN, KUTTUNGAL HOUSE, ALUVA-1, ERNAKULAM DISTRICT. * 2. M.SHIHAJ S/O. MUSTHAFA, ELAMMANA HOUSE, THOTTAKKATTUKARA, ALUVA WEST, ERNAKULAM DISTRICT. 3. ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, P.M.A.BUILDINGS, BANK JUNCTION, ALUVA P.O., ERNAKULAM DISTRICT. * NAME OF R2 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 1.9.08 IN I.A.2057/08. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 680 OF 2004 = = = = = = = = = = = = = = = Dated this the 1st day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)356/01. The claimant, aged 24 years sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.22,950/- and it is against that decision, the claimant has come in appeal. Learned counsel for the claimant would contend that he had sustained a comminuted fracture on both bones of left leg and that his leg was under plaster cast for a considerable length of time and further that the Tribunal grossly erred in taking the income at Rs.1,500/- per month. 2. A perusal of the award would reveal that sustainment of fracture on both bones of leg is correct. He deposed before the Tribunal that his leg was under plaster cast for a period of seven months. But the Tribunal awarded him the actual loss of earnings only for a period of four M.A.C.A. 680 OF 2004 -:2:- months. The accident took place in 2001 and it may not be incorrect if the income is fixed at Rs.2,500/- per month for an aluminium fabricating worker. The Tribunal did not grant any compensation for permanent disability for the reason that no disability certificate is produced. But the fact remains that he had sustained a very serious fracture on both bones of the leg I feel the income can be fixed at Rs.2,500/- and when loss of earnings is awarded for four months, the claimant will be entitled to an additional compensation of Rs.4,000/-. Similarly, in the absence of a permanent disability certificate at least the Tribunal could have considered temporary disability and for a man aged 24 years this fracture would have caused him loss of amenities and enjoyment in life. So I enhance the compensation by another Rs.6,000/- making the total additional compensation Rs.10,000/-. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till M.A.C.A. 680 OF 2004 -:3:- realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-