IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 1780 of 2006() ------------------------------------- O.P.(MV) NO.1573 OF 1997 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOTTAYAM. .......... APPELLANT/PETITIONER: ------------------------------------- VINOD K.V., S/O.VASU, THOTTUNKAL HOUSE, NATTAKOM P.O. & VILLAGE, MARIYAPPALLY, KOTTYAM TALUK. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. GEORGE THOMAS @ PRAVEEN, S/O.THOMAS, THATTAEKATTUKUNNEL, PERUNKAVUBHAGOM, PUTHUPPALLY. 2. BINO.K.PHILIP, KALLUKATTIL HOUSE, VADAVATHOOR P.O., KOTTAYAM.,KOTTAYAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. 4. NIBULA PHILIP, KALLUKATTIL HOUSE, VADAVATHOOR P.O., KOTTAYAM. BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1780 OF 2006 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1573/97. The appellant, a 29 year old welder sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.10,500/-. Dissatisfied with the same he has come up in appeal. 2. Heard the counsel for both sides. It can be seen from the award itself that the claimant had sustained a collectial ligament injury in the knee besides other injuries on the face. He was treated as an inpatient in the hospital. Though he produced Exts.A8 and A9 to establish his income of Rs.4,000/- the Tribunal did not accept it but fixed his income at Rs.2,000/-. Similarly, the Tribunal also did not grant any amount for loss of amenities and enjoyment in life. Considering the fact that he was a welder by profession it is desirable to fix his income at Rs.2,500/- and being a case of M.A.C.A. 1780 OF 2006 -:2:- ligament injury and considering the nature of work which requires squatting I feel two months loss of earnings can be granted to him. So I grant an amount of Rs.3,000/- under that head. Similarly, when there is a ligament injury it takes some time to come back to normalcy. So there will be temporary disability as well as loss of amenities and enjoyment in life. For which a consolidated sum of Rs.3,000/- is granted. Therefore the claimant will be entitled to an additional compensation of Rs.6,000/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of petition till realisation and the 3rd respondent, 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. The prayer for disbursement may be considered sympathetically. M.N. KRISHNAN, JUDGE. ul/-