IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 292 of 2010(F) ---------------------------- OPMV.1466/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV) --------------------------------------------- JOY, S/O.VAREED, KODIYAN HOUSE, KUZHOOR DESOM, KAKKULISSERY VILLAGE, KUZHOOR.P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) --------------------------------------------------- 1. SUDHEESHKUMAR, EDAVANA HOUSE, VADAKKUMPURAM.P.O, N.PARAVUR. 2. CHANDRAN, S/O.SANKARAN, VILPANASSERY HOUSE, KOTTATT.P.O, MOONJELY DESOM, CHALAKUDY. 3. NATIONAL INSURANCE CO.LTD., MAIN ROAD, IRINJALAKUDA. ADV. SRI.K.A.MANZOOR ALI FOR R1 & 2 SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 292 OF 2010 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2011. 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)1466/06. The claimant, a 42 year old man, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.20,300/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would show that the claimant had sustained a crack fracture of superior pole of right patella and the Tribunal has also noted that there is slight swelling over the right knee. It has to be remembered M.A.C.A. 292 OF 2010 -:2:- the accident was in 2006 and the claimant was seen by the Court in 2009. I feel the following modifications has to be done. 3. A perusal of the certificate showing the salary would reveal that the claimant was prevented from attending the job for two months. The gross salary for the month of June, 2006 is shown as Rs.10,847/-. That itself indicates that there is variation in the income every month. So taking the monthly income at Rs.5,000/- I grant him two months loss of earnings at Rs.10,000/-. When it is so the claimant will be entitled to an additional compensation of Rs.5,000/- under that head. For pain and sufferings I enhance the compensation by Rs.1,000/- and for loss of amenities I double the compensation by giving Rs.4,000/- more thus enabling the claimant to have an additional M.A.C.A. 292 OF 2010 -:3:- compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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/-