IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 MACA.No. 547 of 2007() --------------------------------- OPMV.25/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- LENIN,S/O.SUBRAMANIAN,NADUVILAPARAMBIL HOUSE,CHAKKUMPARAMBU,KURUVILASSERY. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. MANAGING PARTNER, SREE MAHADEVA CLAY WORKS,CHITTISSORY. 2. RAJAN K.K, S/O.KUTTAN KOLLAMPARAMBIL HOUSE,KOTTAI P.O,THIRUTHIPURAM. 3. THE MANAGER,ORIENTAL INSURANCE CO. LTD, CITY HEIGHTS BUILDING,CHALAKUDY. BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 547 OF 2007 = = = = = = = = = = = = = = = Dated this the 15th day of July, 2008. 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)25/01. The claimant aged 36 years, a toddy tapper by profession, sustained injuries in a road accident and the Claims Tribunal awarded him a compensation of Rs.40,739/-. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. It can be seen from the award that the claimant has sustained a fracture on the occipital bone besides ribs fracture involving ribs No.5 and 6. Doctor has issued a disability certificate fixing it at 13% and he had been examined. The Doctor has deposed about the difficulty in climbing coconut tree. The learned counsel had made available before me a copy of the certificate. On a consideration of the same it can be seen it is not pin pointed and the mode in which it is assessed and the percentage fixed is not properly dealt with. But the fact M.A.C.A. 547 OF 2007 -:2:- remains that a tree climber had sustained fracture on the ribs coupled with fracture on the bone of the head certainly there will be difficulty for him in the long run. So I feel the disability can be fixed at 7% to calculate the compensation. Similarly, being a toddy tapper by profession it may not be on the higher side when the income is taken at Rs.2,500/- per month. When the compensation is re-calculated on that basis for three months loss of earnings the claimant will be entitled to an additional compensation of Rs.1,500/-. So far as the disability is concerned, his annual income would be Rs.30,000/- and for 7% disability it will be Rs.2,100/- which when multiplied by 16 would come to Rs.33,600/- after deducting Rs.23,040/- already granted it will come to Rs.10,560/-. It can also be seen that the Tribunal only awarded Rs.7,000/- towards pain and sufferings and Rs.2,000/- for loss of amenities and enjoyment in life. The fracture on the ribs coupled with the head injury would have caused him agonizing pain and I enhance an amount of Rs.2,000/- towards pain and sufferings. Therefore, the claimant will be entitled to an additional compensation of M.A.C.A. 547 OF 2007 -:3:- Rs.14,060/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,060/- with 6% 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/-