IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 MACA.No. 1967 of 2008(E) --------------------------- OPMV.522/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S):PETITIONER ---------------------------------- M.K.JOHNY, AGED 53 YEARS, S/O.KURIYATH, MULAKKAL HOUSE, PERAMANGALAM(PO), THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM SMT.GISA SUSAN THOMAS RESPONDENT(S)/ RESPONDENTS : -------------------------------------- 1. SEBY, S/O.RAPPAI, MUTTICHUKKARAN HOUSE, CLARY,PULLAZHY. 2. MINI, W/O.SEBY, PALAKKAL HOUSE, AYYANTHOLE, THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD, ORISON COMPLES, WADAKKANCHERRY ROAD, KUNNAMKULAM, THRISSUR POLICY NO.101202/31/05/07175,VALID FROM 15/12.2005 TO 14.12.2006. ADV. SMT.RAJI T.BHASKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1967 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)522/06. The claimant, a 51 year old mechanic sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.40,086/- with 8% interest and the insurance company is liable to pay the amount. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained injuries on the occipital region besides fracture of the ribs 8 to 11 on the right side. He was initially treated in the Amala Institute of Medical Science from 19.2.06 to 24.2.06 and thereafter he was treated in the West Fort Hi-Tech Hospital. The documents produced reveal that he had developed post traumatic M.A.C.A. 1967 OF 2008 -:2:- vertigo and post traumatic stress disorder which needed treatment for three months. Medical bills worth Rs.17,183/- was produced. The disability certificate was issued by a doctor of another hospital and it revealed 5% disability. The Tribunal took it as 2%. He was a person who was employed abroad and at the time of the accident he was working in an automobile workshop. I feel that without any difficulty considering the year of the accident, the age of the person and experience Rs.3,000/- can be taken as his income. Similarly, on account of the fracture of the ribs 8 to 11 coupled with some difficulty which developed into post traumatic vertigo I am inclined to fix the disability percentage at 4%. When it is calculated at an annual income of Rs.36,000/- taking 4% disability with a multiplier of 11, the disability compensation would come to Rs.15,840/- after deducting Rs.6,336/- already paid the balance will be Rs.9,504/-. Similarly, for pain and suffering only an amount of Rs.8,000/- is seen awarded. He had undergone hospitalisation in two hospitals with an injury M.A.C.A. 1967 OF 2008 -:3:- which has affected him very badly in the form of vertigo I enhance an amount of Rs.2,000/- under that head. For the loss of earnings, when the income is taken at Rs.3,000/- the difference will come to Rs.1,200/-. I am inclined to give a sum of Rs.2,300/- also for loss of amenities and enjoyment in life which is not seen granted at all. Therefore the claimant will be entitled to an additional compensation of Rs.15,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 8% interest on the said sum from the date of petition till 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/-