IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 MACA.No. 1257 of 2007(B) --------------------------------- OPMV.649/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD .................... APPELLANT/PETITIONER : ------------------------------- LAKSHMI PATHI, S/O.VIJAYACHANDRA IYER, JAIN TEMPLE, ANATHAKRISHNAPURAM, PULIYARMALA, KALPETTA NORTH POST, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT/RESPONDENT NO.3 : ------------------------------------------- THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, RAWTHER BUILDING, NEAR PINANGODE ROAD JUNCTION, MAIN ROAD, KALPETTA. BY ADV. SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 1257 of 2007 ------------------------------ Dated this the 14th day of August, 2008 JUDGMENT This appeal is preferred against the award of Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV) No. 649/2004. The claimant, a 55 year old man, sustained injuries in a road accident. He claims to be a worker having a monthly income of Rs. 4,000/-. The documents would reveal that he had sustained coller fracture and cut lacerated wound right frontal region. The tribunal accepted the disability certificate produced by him and fixed his income at Rs. 2100/- per month and awarded disability compensation. The other claims made under various heads are disallowed and does not gave any additional compensation for loss amenities and enjoyment in life. It only awarded a sum of Rs. 6,000/- towards pain and suffering. On account of coller fracture and cut lacerated wound , being a coolie by profession he would not have been in a position to do any work and therefore, for two months I grant Rs. 4,200/-. Since the man is aged 55, certain M.A.C.A.No. 1257/ 2007 Page numbers amount would have to be granted for loss of amenities and enjoyment in life. Therefore, I award Rs. 3,000/- under that head and also enhance compensation for pain and suffering and award an additional compensation of Rs. 1,000/-, thus making a total of Rs. 8,200/-. In the resultant, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs. 8,200/- with 6% interest on the said sum from the date of petition till realisation and the respondent Insurance Company is directed to deposit such amount within a period of 60 days from the date of receipt of copy of the judgment. M. N. KRISHNAN, JUDGE scm