IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 MACA.No. 1813 of 2009() ----------------------- OPMV.2366/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER ------------------------ P.A SALIM S/O. ALIYAR KUNHU AGED 59 YEARS, RESIDING AT SABITHA MANZIL KANNADATH PARAMBU, NORTH BEYPORE POST KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS --------------- 1. V.BAIJU, S/O. KUNHIRAMAN, AGE NOT KNOWN RESIDING AT VETTUVANCHERY HOUSE, P.O. KUNNATHARA, (VIS) KOYILANDY, KOZHIKODE. 2. O.K.RANJITH S/O. RAMAN, AGED 24 YERAS RESIDING AT OTTAKANDATHIL HOUSE, P.O. KURUVANGAD KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD. DIVISIONAL OFFICE, II SEEMA TOWERS MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1813 OF 2009 ............................................. Dated this the 6th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2366/2003. The claimant, a 53 year old lorry broker, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.25,500/=. Dissatisfied with the amount awarded, the claimant has come up in appeal. 2. Heard. The learned counsel for the appellant had made available before me the wound certificate as well as the discharge card issued by the hospital. The wound certificate is dated 17.5.2003 which would indicate that the claimant sustained tenderness and swelling present in the right ankle joint and there was an abrasion on the left joint and he was referred to Medical College Hospital. It is further seen that he had post traumatic non heeling ulcer on the left leg and therefore he was admitted in the hospital on 12.8.2003 and discharged on 2.9.2003. A surgery was done on 18.8.2003. Thereafter he was discharged and on 16.9.2003 it is recorded : 2 : M.A.C.A.No.1813 OF 2009 that the wound almost fully healed. There is small area of hyper trophic tissue and therefore he was advised to apply neosporin ointment. 3. It is in this background, the compensation has to be worked out. The fact that the accident had taken place on 17.5.2003 and he had undergone treatment regularly till 16.9.2003 would indicate that he would not have been in a position to do any work at least for 5 months and at the rate of Rs.2,000/= per month, I award loss of earnings of Rs.10,000/= and after deducting Rs.4,500/= already awarded Rs.5,500/= will be the additional compensation under that head. It can also be seen that the injury in the ankle got deteriorated and developed into ulcer which later resulted in surgery and even after 4 months it was only in the process of heeling. Ankle being a very sensitive part which also controls the movement of persons to a certain extent it is definite that he would have undertone pain and there would have been loss of amenities and enjoyment that too at the age of 54. Therefore, I enhance the compensation for pain and sufferings by Rs.2,500/= and loss of amenities by : 3 : M.A.C.A.No.1813 OF 2009 Rs.2,000/= thereby entitling the claimant to have an additional compensation of Rs.10,000/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/= with 7.5% interest on the said sum from the date of the petition till realization and the respondent insurance company is directed to pay the amount within 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1813 OF 2009