IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 MACA.No. 3070 of 2009(F) ------------------------------------ [O.P(MV).NO.1089/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA] .................... APPELLANT/PETITIONER: ------------------------------------- K.K.DHARMARAJAN, S/O.KARAPPAKUTTY, KUNDALIYUR HOUSE, KUNDALIYUR P.O, ENGANDIYUR VILLAGE, ETHAYI WEST SIDE, CHAVAKKAD TALUK, C/O. KANNAMKULAM HOUSE, GRAMALAKSHMI ROAD DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.V.BINOY RAM. RESPONDENTS: ------------------------ 1. N.K.GOVINDAN NAMBOODIRI, S/O.KESAVAN NAMBOODHIRI,NELLIKUNNATH MADOM, MUTHUR P.O, THIRUVALLA VIA., PATHANAMTHITTA DISTRICT. 2. B.C.SUDHEEP, S/O.DR. A.N.BALAKRISHNAN, CHANDRAMANA HOUSE, MANTHANATHKADAVU ROAD, AZHOOR P.O, KOPZHANCHERY VIA.,PATHANAMTHITTA DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD DIVISIONAL OFFICE, P.B.NO.54 MARTHOMA BUILDING, THIRUVALLA, PATHANAMTHITTA DISTRICT. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3070 OF 2009 = = = = = = = = = = = = = = = Dated this the 15th day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)1089/04. The claimant, a carpenter by profession, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.21,600/-. 2. Heard the learned counsel for the appellant as well as the respondent, insurance company. A perusal of the award would reveal that the claimant had sustained a contusion over the left chest and fracture on the superior pubic ramus. He was treated as an inpatient in the hospital for four days and was regularly reviewed till 9.7.04. He had produced a disability certificate for 12% which the Court did not accept. The learned counsel for the appellant had made available before me the document which shows that there is M.A.C.A. 3070 OF 2009 -:2:- stiffness on the pelvis ring and some ankylosis on the left hip. It is true that nobody is examined to prove the same but the nature of the fracture especially considering the fact that he is a carpenter by profession can cause him some problem. Being a carpenter by profession I have no hesitation to fix his income at Rs.2,500/- and if it is worked out the claimant will be entitled to an additional compensation of Rs.3,750/- under the head of loss of earnings. The claimant will be also entitled to an additional compensation of Rs.2,000/- towards pain and sufferings considering the nature of the injuries. It has to be also stated that the disability though cannot be accepted as stated it has come out that he has suffered a fracture on the pubic ram and had undergone treatment and the doctor had certified that there is some difficulty for sitting and doing the work. So considering those aspects I feel towards temporary disability and loss of amenities M.A.C.A. 3070 OF 2009 -:3:- Rs.2,500/- can be awarded. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,750/- with 7% 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/-