IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 990 of 2007() -------------------------------- OPMV.2459/2001 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------- P.M.HAMZA, S/O MAMMED, AGED 53 YEARS, RESIDING AT PARAYAMMADAKUNNUMMAL HOUSE, PADANILAM POST, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDDEEN RESPONDENTS/ RESPONDENTS IN O.P.(MV) --------------------------------------------------------------- 1. MAMMEDKUTTY, RESIDING AT NARUKKIL HOUSE, NAYARAKUZHI POST, REC, KOZHIKODE. 2. USMAN K.M., S/O MUHAMMED, RESIDING AT KILIYANAN MOOCHIKKAL, VELLASSERY POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE-2, 2ND FLOOR, SEEMA TOWERS, BANK ROAD, KOZHIKODE. ADV. SRI.K.M.FIROZ FOR R.2 SRI.K.SANDESH RAJA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 990 OF 2007 = = = = = = = = = = = = = = = Dated this the 13th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2459/01. The claimant, a 48 year old man sustained injuries in a road accident. He had a fracture on the medial mallelous. He was treated as an inpatient and the Medical Board certified his disability as 1%. The Tribunal took the income at Rs.1,500/- and awarded a total compensation of Rs.16,530/-. In the absence of evidence the Tribunal has only taken a reasonable income but I feel when a fracture on the mallelous is sustained and disability is also accepted the Court has also to consider the loss of amenities and enjoyment in life. Since the disability noted is negligent and compensation awarded is very limited on that head I feel this is a fit case where an amount of Rs.3,000/- has to be awarded towards loss of amenities and enjoyment in life. Similarly, I enhance the compensation for pain and sufferings by Rs.1,000/- more. M.A.C.A. 990 OF 2007 -:2:- Therefore the claimant will be entitled to an additional compensation of Rs.4,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.4,000/- 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/-