IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 509 of 2005() --------------------------------- OPMV.198/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: -------------------------------- PRADEEP KUMAR, S/O. K. PEETHAMBARAN, KARAKKANADAM HOUSE, MELKADAKKAVOOR, KADAKKAVOOR P.O., TRIVANDRUM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. DR.P.C. KESAVANKUTTY NAIR, ASSOCIATE PROFESSOR OF PSYCHIATRY, MEDICAL COLLEGE, TRIVNDRUM, NOW RESIDING IN LAKSHMI, T.C.13/1350, NEAR GOVERNMENT U.P.SCHOOL, KUMARAPURAM, TRIVANDRUM. 2. DR. RANI NAIR, T.C.1/1710, KUMARAPURAM, MEDICAL COLLEGE P.O., TRIVANDRUM. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, THAKARAPARAMBU TRIVANDRUM. BY ADV. SRI.C.S.MANU FOR R1 SRI.M.P.PRINCE FOR R1 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 509 OF 2005 = = = = = = = = = = = = = = = Dated this the 14th 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, Thiruvananthapuram in O.P.(MV) 198/01. The claimant alleged to be a businessman aged 24 years sustained injuries in a road accident. He was awarded a compensation of Rs.67,470/- by the Tribunal. Dissatisfied with the award the claimant has come up in appeal. It is seen that the petitioner had sustained fracture on both bones of the right leg with displacement. It is further seen that immediately he was admitted in the Medical College Hospital, where he was given some conservative treatment. Thereafter he was readmitted in the hospital where he underwent treatment till 9.12.87. It was further shown that again he had undergone a major surgery on 18.2.88 and was advised to take rest for about six months. Again he was readmitted for removal of the plasters and screws. Even after 10 years in 1999 he has again operated for removal of M.A.C.A. 509 OF 2005 -:2:- pus from the injury site. He had sustained and continued treatment till 30.6.99. The Doctor who treated him gave the disability certificate fixing the disability at 16% and he had been examined to prove the same. Being a case of 1987 the Tribunal took the income at Rs.1,000/- and calculated the compensation. Considering the fact that the accident had taken place in the year 1987, the Tribunal has awarded a reasonable amount under majority of heads except under one head namely, disability where the Tribunal reduced the income to Rs.500/- and calculated the compensation. It was an error committed by the Tribunal and when it is taken at Rs.1,000/- per month the annual loss would come to Rs.1,920/- which when multiplied with appropriate multiplier of 17 would come to Rs.32,640/-. The Tribunal has only awarded Rs.16,320/- and further an amount of Rs.5,000/- towards loss of amenities and enjoyment in life. If the compensation is granted for the permanent disability accepting the percentage of disability as such, only a nominal amount can be awarded under the head of loss of amenities. M.A.C.A. 509 OF 2005 -:3:- Therefore, I award an additional compensation of Rs.16,320/-. Accordingly, the MACA is disposed of awarding an additional compensation of Rs.16,320/- with 7% interest on the said sum from 23.8.90 till realisation and the 3rd respondent, 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/-