IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 MACA.No. 535 of 2005(D) ---------------------- OPMV.255/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT(S): PETITIONER: ------------------------- M.K. ABDUL RAHIM, S/O. MOHAMMED ABOOBACKER RAWTHER, KOOLAMKONIL PADINJARAKKARA, MANKODE P.O., POONKULANJI, PATHIRICKAL, PATHANAPURAM. BY ADV. SRI.P.K.RAVI KRISHNAN RESPONDENT(S): --------------- 1. A. PRINCE, PRINCE BHAVAN, THALACHIRA P.O., KOTTARAKKARA. 2. AJAILIAS AJIKUTTAN, S/O. RAMACHANDRAN CHANDRA VILASOM, KAITHAKETTU, PUNNALA P.O., PATHANAPURAM. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., KOTTARAKKARA. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 535 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th Day of August, 2009. JUDGMENT K. M. Joseph J. The appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. He claimed compensation of Rs.1,50,000/- and the Tribunal has awarded Rs.10,400/- as compensation. Being dissatisfied with the quantum of compensation awarded, this appeal is filed by the appellant. 2. Heard the learned counsel for the appellant and the learned counsel for the third respondent Insurance Company. 3. Learned counsel for the appellant submits that the appellant was working as a construction labourer, suffered injuries which resulted in his being an inpatient for 5 days. He was outpatient also. He was treated with plaster for four months. As against the claim of Rs.15,000/- towards loss of earning, only Rs.4,500/- is granted, it is M.A.C.A . NO: 535 OF 2005 :2: submitted. Towards medical treatment only Rs.1,500/- is granted. Rs.3,000/- is granted towards pain and suffering though Rs.40,000/- was claimed. Rs.200/- is granted towards bystander's expenses. For transportation an amount of Rs.3,000/- was claimed, but the Tribunal has granted only Rs.300/- For extra noursihment only Rs.250/- is granted. Learned counsel for the appellant also sought compensation for disability. 4. Learned counsel for the Insurance Company supported the award. 5. The appellant sustained fracture left patella (knee cap), fracture of two teeth in lower jaw, fracture of one tooth in upper jaw, lacerated wound over the upper eyelid 4 x 1 cm, lacerated wound over the lower lip 2 x 1 cm, lacerated wound over the left knee joint, lacerated wound over the chin 1 x 0.5 cm, tips of lower incisors are broken, puncture wound over the left patella and abrassion back of left shoulder. After the accident, appellant was taken to St.Josephs Hospital , Pathanapura,, from where after giving M.A.C.A . NO: 535 OF 2005 :3: first-aid he was taken to Government hospital, Punalur. We are of the view that having regard to the nature of injuries suffered by the appellant, the amount awarded towards under the head pain and suffering should be more. He is awarded Rs.7,000/- more. 6. As far as the disability is concerned, the appellant not produced any disability certificate. We are not inclined to award any amount towards disability. The appellant is also awarded an amount of Rs.4,500/- towards loss of earning power. We are not inclined to award any more amount than awarded by the Tribunal. Towards medical treatment only Rs.1,500/- is granted and for extra noursihment only Rs.250/- is awarded. Under both these heads together, we feel that the appellant can be awarded a sum of Rs.1,000/- more. We further notice that the Tribunal has awarded only Rs.500/- towards loss of earning. As already noted the appellant was in hospital for five days as inpatient. He was treated with plaster for four months and for three months as outpatient. Having regard to his vocation, we can safely fix the loss of earning M.A.C.A . NO: 535 OF 2005 :4: for three months. Thus the appellant would be entitled to Rs.4,500/-, if we take Rs.1,500/- as his monthly income, after deducting Rs.400/- already awarded, he is awarded Rs.4,000/- more. Thus the appellant is entitled to get Rs.12,000/- more. Accordingly this appeal is allowed and the appellant is allowed to realise an amount of Rs.12,000/- more along with interest at 7.5% interest from the date of petition till the date of realisation from the third respondent. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/