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 WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 MACA.No. 1326 of 2006() ----------------------- OPMV.879/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/CLAILMANT --------------------------------- UNNIKRISHNAN, AGED 40 YEARS, S/O.GOPALAN,. THATTIPARAMBIL HOUSE, MARATHAMKODE, KUNNAMKULAM. BY ADV. SRI.RAJIT SRI.V.V.JOY RESPONDENT(S): RESPONDENTS -------------------------- 1. A.A.RAVINDRAN, S/O.APPU, ALIKKAL HOUSE, THAMARAYOOR P.O., KOTTAPADI. 2. MADHUSOODHANAN, POLIYATH HOUSE, NEAR THAMARAYOOR, POOKODE VILLAGE, DEVASWOM QUARTERS, P.O.PUTHENPALLY, GURUVAYUR, CHAVAKKAD. 3. THE UNITED INDIA INSURANCE CO LTD., GURUVAYOOR BRANCH. ADV. SRI.LOREL CHERIAN FOR R1 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON 08/07/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No. 1326 of 2006 -------------------------------------- Dated this the 8th day of July, 2009 J U D G M E N T ---------------------- Abdul Rehim, J. 1. Appellant is the claimant in OP(MV) No:879/2000 on the files of the Motor Accidents Claims Tribunal, Thrissur. He sustained injuries when an Autorikshaw hit against the motor cycle in which he was travelling as pillion rider. The appellant sustained comminuted fracture on the lower end of femur left condyle. He was treated at Amala Hospital for more than one month as inpatient. His leg was put under POP cast for a period of about six months. The appellant claims to be a goldsmith earning monthly income of Rs.4,000/- to 5,000/-. But no evidence was produced to substantiate the income. Fixing the notional income as Rs.2000/- per month, an amount of Rs.12,000/- was granted by the Tribunal towards loss of earning. The appellant produced Ext.A8 disability certificate issued by a private Doctor, evidencing that there is persistent disability assessed at 25%. In the certificate it is stated that he had difficulty in walking and also in mounting steps. But the Tribunal had awarded only an amount of Rs.10,000/- as MACA.1326 /06 2 compensation for disability. The appellant contended that the Tribunal went highly erred in not calculating compensation for permanent disability on the multiplier formula adopting the percentage of disability as certified. It is also contended that the amount of Rs.15,000/- awarded towards loss of earning power and amenities in life is highly unrealistic. 2. On an anxious consideration of the circumstances and evidence on record, we find that the lump sum of Rs.25,000/- awarded towards compensation for disability, earning power and loss of amenities and enjoyment in life, is on the lower side. We feel that enhancement of the said amount by a further sum of Rs.15,000/- will serve the ends of justice. We are not inclined to interfere with the amount awarded under various other heads. 3. In the result, the appeal is partly allowed enhancing the total compensation of Rs.70,645/- awarded by the Tribunal by a further sum of Rs.15,000/-, which will carry interest @ 7% per annum from the date of the claim petition till payment. The 3rd respondent-Insurance Company is directed to make deposit of the amount within a period of 3 (three) months. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb