IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 MACA.No. 8 of 2004() -------------------- OPMV.1742/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: --------------------------- ABOOBACKER P.V., S/O. LATE ABDULRAHIMAN, AGED 52 YEARS, PROPRIETOR, NEW STAR TRAVEL AGENCY, MELEKANDY HOUSE, P.O. EDAKKAD. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENTS: --------------------------- 1. K.VEERAPPAN, H.NO.42, NEW VASAVI NAGAR, SECUNDERABAD, ANDRAPRADESH. 2. T.GANAPATHY, S/O. THIRUVIAM NADAR, 77 POTTAIYADI, SWAMITHOPPU, K.K. DIST., P.O. SWAMITHOPPU, NAGAR COIL, TAMIL NADU. 3. THE ORIENTAL INSURANCE CO. LTD., KANNUR. ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ---------------------------------- M.A.C.A. No.8 of 2004 ---------------------------------- Dated this the 24th day of August, 2009 J U D G M E N T ---------------------- Abdul Rehim,J. 1. Appellant/claimant sustained injuries when a Lorry knocked down him at the public road. He sustained fracture of lateral condyl of left tibia which was managed by open reduction and internal fixation. Eventhough the appellant claimed that he has difficulties and discomforts no evidence was adduced to prove any permanent disability. The appellant claimed that he was conducting a travel agency at the time of accident. Ext.A9 series registration certificates were produced in order to prove the same. The Tribunal had granted compensation for loss of temporary earning computing his monthly income at Rs.1500/-. A total compensation of Rs.36,925/- was granted. 2. Heard counsel for the appellant and Standing Counsel for 3rd respondent insurance company. It is contended that the income adopted by the Tribunal is highly unrealistic. Further contention is that the amount of Rs.5000/- awarded under the head of loss of amenities and enjoyment in life is highly inadequate. It is also contended that having found that the appellant require future treatment the Tribunal had awarded MACA.8/04 2 only a meagre amount of Rs.3000/-. Hence the appellant seeks enhancement of the compensation under different heads. 3. Having considered the facts and circumstances of the case and evidence on record we are persuaded to adopt monthly income of the appellant at Rs.2500/-, considering the fact that he was running a travel agency. This will entitle the appellant for an enhancement of temporary loss of earning by an amount of Rs.4000/-. We are also inclined to increase the compensation awarded under the head of loss of amenities and enjoyment in life by a further sum of Rs.5000/-. The amount of Rs.3000/- granted under the head of expenses for future treatment is increased by another sum of Rs.2000/-. Thus the appellant is entitled for a total enhancement of Rs.11,000/-. 4. Hence the appeal is partly allowed enhancing the total compensation of Rs.36,955/- awarded by the Tribunal by a further sum of Rs.11,000/- which will carry the same rate of interest as awarded by the Tribunal, from the date of the claim petition till payment. The 2nd respondent insurance company is directed to make payment of the amount within a period of three months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb