IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 MACA.No. 171 of 2005() ---------------------- OPMV.1239/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------- SAJAYAKUMAR, CHAITHANYA, THOTTINUVADAKKU, CHAVARA P.O., KOLLAM, NOW RESIDING AT 9, APPA RAO LAY-OUT, YERAYANNAPALAYAM, 1ST BLOCK, RAMAMOORTHY NAGAR, BANGALORE-16. BY ADV. SRI.K.A.HASHIM SRI.M.I.ISMAIL RESPONDENT(S)/RESPONDENTS ---------------------------------------------- 1. P.K. SHANMUGAN, S/O. KRISHNAN PUTHENKUDY HOUSE, NELLIKKUZHY, BHAGOM, NELLIKKUZHY KARA, ERAMATTOOR VILLAGE, KOTHAMANGALAM. 2. M.A. PAULOSE, CHOICE FOODS, KOTHAMANGALAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTHAMANGALAM. 4. ANILKUMAR, S/O. GOPALAKRISHNAN PANICKER ODAKAL HOUSE, VAAZHAPPALLY P.O., CHANGANACHERRY. 5. M.R. THULASIDAS, SENISH MANDIRAM, THURUTHY KARA, VAZHAPPALLY (W) VILLAGE, CHANGANACHERRY. MACA.No. 171 of 2005 6. NATIONAL INSURANCE CO.LTD., CHANGANACHERRY. ADV. SRI.M.A.GEORGE FOR R6 SMT.DEEPA GEORGE FOR R6 DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb A.K.BASHEER & P.Q.BARKATH ALI, JJ. -------------------------------------------------- M.A.C.A. No. 171 OF 2005 ----------------------------------------- Dated this the 18th day of January, 2011. J U D G M E N T A.K.BASHEER, J. Appellant was involved in a road traffic accident that occurred on April 12, 2000. He sustained a crack fracture on the occipital bone, apart from laceration on the same region. He claimed compensation for the above injury sustained by him. The Tribunal, after considering the documentary evidence adduced by the appellant, awarded a sum of Rs.15,890/- with 6% interest. The inadequacy of the award is under challenge in this appeal. 2. As has been noticed already, the appellant sustained a crack fracture on the occipital bone apart from laceration on the same region. The appellant had not produced any certificate to show that he had suffered any disability because of the injury. According to the appellant, he had been working as Assistant Manager in a private Company and drawing monthly salary of more than Rs.10,000/-. The Tribunal took his notional monthly income as Rs.2,000/- and awarded a sum of Rs.4,000/- under the head of loss of earnings for two months. In our view, his notional monthly income can be reckoned as Rs.4,000/- and a sum of M.A.C.A. No. 171 OF 2005 2 Rs.8,000/- can be awarded to him under the head of loss of earnings. The appellant has been awarded only a sum of Rs.5,000/- under the head of pain and suffering. He shall be entitled to get a sum of Rs.10,000/- under this head. For loss of amenities the appellant shall be entitled to get a sum of Rs.5,000/-. Thus, the appellant shall be entitled to get a sum of Rs.14,000/- as enhanced compensation. He shall also be entitled to get interest at the rate of 7.5%. The award is modified to the above extent. Respondent No.3 Insurance Company shall pay the compensation. A.K.BASHEER, JUDGE. P.Q.BARKATHALI, JUDGE. dmb