IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 2217 of 2008() ------------------------------------- OPMV.695/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) ------------------------ DASAN, S/O.MANAKKATHODAN KUMARAN, VELLIKULANGARA DESOM, VILLAGE AND P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.P.V.BABY RESPONDENT(S): RESPONDENTS 1 TO 3 OP(MV) ---------------------------------------- 1. K.J.ABDULKHADER, S/O.KANDAYAN KAREEM, PUTHIPALLY STREET, PALAKKAD. 2. SHAJIMON, S/O.AKAPADAN HANEEFA, POTHUNDY, NENMARA VILLAGE. 3. THE NEW INDIA ASSURANCE CO.LTD, PDC BK BUILDING, HPO ROAD, SULTANPET, PALAKKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2217 OF 2008 ............................................. Dated this the 22nd day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.695/2003. The claimant, a head load worker by profession, sustained injuries in a road accident. The treatment records would reveal that he had contusion in the right chest with posterior dislocation on the right hip. He was admitted on 19.1.2003 and discharged on 22.1.2003 from the Elite Mission Hospital, Trichur. The dislocation was reduced under anaesthesia. The chest X-ray revealed that it is satisfactory. He was advised to take rest and was directed to review again on 24.2.2003. Thereafter a next document produced is in the form of disability certificate in the year 2008, that too by a doctor who has not earlier seen him or treated him. The doctor has not been examined. The petitioner has not been examined and on account of the dislocation of the hip, the doctor has fixed disability at 9%. According to the doctor, the claimant has got difficulty to sit for a long time or : 2 : M.A.C.A.NO.2217 OF 2008 climb up and down etc. Since the disability certificate is not proved, I cannot accept it for the purpose of calculating the compensation. But, a man who is a head load worker by profession having sustained dislocation of the hip certainly would be handicapped in his day to day activities and there would be loss of amenities and enjoyment in life for him. Similarly being a head load worker, there is nothing wrong in fixing his income at Rs.3,000/= in the year 2003. Therefore towards additional loss of earnings, I am granting Rs.2,000/= and towards loss of amenities and enjoyment another Rs.5,000/= thereby entitling the claimant to have an additional compensation of Rs.7,000/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/= with 7% interest on the said sum from the date of the petition till realisation and the insuance company is directed to deposit the said amount within a period of two months from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.2217 OF 2008 : 4 : M.A.C.A.NO.2217 OF 2008