IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1592 of 2007() ----------------------- OPMV.1069/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER -------------------------------------- SUGUNAN, S/O.KESAVAN, PALLATH HOUSE, THOTTIPAL P.O., NEDUMBAL, PALLAM DESOM, THRISSUR DISTRICT. (INJURED). BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS: RESPONDENTS ---------------------------------- 1. BINOY K.P., S/O.PURUSHOTHAMAN, KUNJILIKATTIL HOUSE, KIZHUTHANI DESOM, THANISSERY P.O., IRINJALAKUDA (OWNER OF THE VEHICLE KLT 7507). 2. AJITH, S/O.KADARSA, KARIPARAMBIL HOUSE, PALLAM, THOTTIPAL P.O., THRISSUR DIST. (DRIVER OF CAR KLT 7507). 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, IRINJALAKUDA. (INSURER). BY ADV. SRI.RAJESH CHAKYAT FOR R1 SMT.P.K.SANTHAMMA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1592 OF 2007 --------------------- Dated this the 19th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1069/01. The claimant, aged 37 years a gold smith by profession, sustained injuries in a road accident. He has suffered lacerated wound on the cheek, on the eye brows and on the occipital region of the scalp. He had also a fracture of the left zygoma, fracture left mandible, fracture of the lateral wall of the left orbit and maxilla. He had also sustained fracture of the nasal bone with dislocation of the mandibular joint. He was treated as inpatient for a period of 15 days. The Tribunal granted him loss of earning for four months, Rs.10,000/- for pain and suffering, Rs.4,000/- towards loss of amenities and enjoyment in life and Rs.26,850/- towards disability and other expenses totaling to an amount of Rs.62,074/-. 2. Learned counsel for the appellant would contend that it was the case of the appellant that his income was Rs.3,500/-. But he produced a document and examined the owner proving the income MACA No. 1592/07 2 as Rs.3,000/-. But the Tribunal did not accept it on the ground that there is nothing to show that he has been regularly paid this amount except the certificate issued by the owner and that the owner was not keeping any accounts. Similarly there is nothing to show the income for the reason that if a person is getting an income of Rs.3,000/- or more, certainly he would have paid profession tax which also is absent. But considering the factum that he is a gold smith by profession, I am inclined to fix his income at Rs.2,500/- for the purpose of calculating compensation. When it is so, towards actual loss of earning for four months, the claimant will be entitled to an additional compensation of Rs.2,000/-. When his income is taken as Rs.30,000/- per annum and disability at 7% the amount will come to Rs.2,100/- which when multiplied by 16 will come to Rs.33,600/-. Out of this, the Tribunal has granted Rs.26,880/-. Therefore the claimant will be entitled to an additional compensation of Rs.6,720/-. Similarly the amount awarded for loss of amenities and enjoyment in life needs an enhancement by Rs.1,000/-. On all other heads, the Tribunal has awarded sufficient compensation. Therefore the claimant will be entitled to an additional compensation of Rs.9,720/- which I round as Rs.9,700/-. MACA No. 1592/07 3 In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,700/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1592/07 4