IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 612 of 2005() ------------------------------- OPMV.327/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: -------------------------------------- THARAMMAL MOHAMMED, S/O.ALAVI, 44 YEARS, MYLADI HOUSE, P.O. POOKOTTUR. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. C.T.SHAMSUDIN, S/O.MOHAMMADISSA (LATE) KADAVAN HOUSE, P.O. MONGAM (DRIVER). 2. UNITED INDIA INSURANCE CO.LTD., MALAPPURAM. BY ADV. SRI.P.R.RAMACHANDRA MENON - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: pa M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 612 OF 2005 --------------------- Dated this the 29th day of May, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 327/01 whereby the Tribunal has awarded a total compensation of Rs.19,600/-. The injured is a headload worker by profession who had sustained a fracture on the medial malleolus right and fracture shaft of fibula. The disability certificate produced would reveal 2% disability which was accepted by the court. The court only took the notional income of Rs.15,000/- per annum which, I feel is grossly inadequate especially in the case of a headload worker. Without much difficulty the income is fixed per month at Rs.2,000/-. On account of the fracture of the malleolus and fibula a headload worker certainly would have been prevented from carrying heavy loads at least for a period of three months. Therefore I grant Rs.6,000/- towards loss of earning i.e, an additional amount of Rs.4,000/-. When the income is taken at Rs.2,000/- per annum and disability at 2% and a multiplier of 15 is applied, the loss of earning power comes to Rs.7,200/- of which MACA NO.612/05 2 Rs.4,500/- has been awarded. I enhance it by Rs.2,700/-. Similarly the documents would reveal that he was an inpatient for 32 days. It would reveal the gravity of the injury. For pain and sufferings the court granted only Rs.5,000/- which has to be increased to Rs.8,000/-. i.e. an enhancement of Rs.3,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.9,700/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,700/- with 6 % interest on the said sum from the date of petition till realisation from the respondents jointly and severally. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps