IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 MACA.No. 2169 of 2006() ---------------------------------- OPMV.461/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: -------------------------------------- SADANANDAN, AGED 65 YEARS, S/O.KUNJAPPAN, CHENNARA HOUSE, P.O.KANDAMKULAM, KODUNGALLUR, TRICHUR DISTRICT. BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. A.J. CLEMENT, S/O.JOSEPH, ARACKAL HOUSE, 41/2397, ST.VINCENT ROAD, KOCHI. 2. SUBRAMANIAN, S/O.KUNJAN, SDAMUTTATH HOUSE, P.O.AZHIKODE, PUTHENPALLY. 3. THE NATIONAL INSURANCE CO.LTD., CUSTOMER CARE BRANCH, P.B.NO.1297, CHITTOOR ROAD, SOUTH JUNCTION, ERNAKULAM. ADV. SRI.P.M.MOHAMMED SHIRAZ FOR R1 SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2169 OF 2006 = = = = = = = = = = = = = = = Dated this the 12th day of August, 2008. 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)461/02. The Tribunal awarded a sum of Rs.31,618/- with 6% interest. It is against that decision, the present appeal is filed for enhancement. 2. Learned counsel for the claimant would contend that though a disability certificate evidencing 25% disability was produced and Doctor was examined the Tribunal took the disability at only 10% and therefore that head requires interference along with other heads. Learned counsel had made available me for perusal a copy of the disability certificate which would show that the claimant had 100% disability for six weeks, 50% temporary disability for 3 months and permanent disability of 25%. So far as the loss of earnings is concerned at least for the 4½ months he has to be compensated accepting the income at Rs.1,500/- per M.A.C.A. 2169 OF 2006 -:2:- month. So, the claimant will be entitled to Rs.2,250/- as additional compensation for actual loss of earnings. It is submitted that on account of the fracture sustained to the femur at the age of 61 years and considering the nature of work done by the claimant there will be difficulty for him to sit and do the work and this type of work involves sitting for long hours. Therefore, I am inclined to enhance the disability to 15% and when it is done the annual loss would come to Rs.2,700/- which when multiplied by 5 would be Rs.13,500/-. The Tribunal has awarded Rs.9,000/- which means the claimant is entitled to an additional compensation of Rs.4,500/-. When a man has sustained a fracture on the femur at the age of 61 not only it will affect his working capacity but will also have a direct interference in his normal activities and certainly it would cause loss of amenities and enjoyment in life and therefore I enhance that compensation by Rs.1,500/-. Or in other words, the claimant is entitled to an additional compensation of Rs.8,250/-. M.A.C.A. 2169 OF 2006 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,250/- with 6% 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/-