IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 MACA.No. 2672 of 2009(E) ------------------------------------- [O.P(MV).NO.5/2003 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA] .................... APPELLANT/PETITIONER: ------------------------------------- SUDHEER, AGED 35 YEARS,S/O.SEKARAN,SHEEJA NIVAS, B.STREET,MANANTHAVADY P.O.,MANANTHAVADY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. ANIL, AGED 20 YEARS,S/O.MANI,CHANGANKUZHI HOUSE, B.STREET,MANANTHAVADY.(DRIVER OF THE MOTOR CYCLE NO.KI-12A/6329.D.L.NO.NOT KNOWN) 2. MANJITH HARIDAS, AGE AND FATHERS NOT KNOWN,INDU ELECTRONICS, B.STREET,MANANTHAVADY.(OWNER OF THE MOTOR CYCLE NO.KI-12A/6329) 3. NATIONAL INSURANCE CO.LTD., KALPETTA BRANCH. (POLICY NO.NOT KNOWN) R3 BY ADV. SRI.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. ------------------------- M.A.C.A. No. 2672 of 2009 ------------------------------------- Dated this the 5th day of October, 2010. J U D G M E N T This is an appeal preferred against the Claims Tribunal, Kalpetta in OP(MV) No.5/2003. The claimant, a 35 year old man sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.9,050/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for both sides. A perusal of the award would show that the claimant had sustained communited fracture medial border of the right navicular bone. A navicular bone is a scaphoid bone. The scaphoid bone of the foot is located at the middle side of the tarsus between the talus and cuneiform bones and articulates with the talus the three cuneiform bones and occasionally with cuboid bone(also called navicular bone). The fracture will affect the working capacity of the person and therefore, enhancement is necessary under the following heads. The Tribunal found that the doctor had certified the disability at 1 % and the income taken is Rs.2100/-. By applying a multiplier of 16, as per M.A.C.A. No. 2672 of 2009 2 the Sarala Varma Vs. Delhi Transport Corporation (2009 ACJ 1298) the disability compensation would come to 4,032/-. He would not have been in a position to work for three months and towards the loss of earning additional compensation of Rs.4,300/- is granted. Towards pain and suffering, I enhance it by Rs.4000/- and for the loss of amenities an amount of Rs.2000/- is granted making a total additional compensation of Rs.14,332/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs. 14,332/- with 7.5% interest on the said sum from the date of petition till realisation and the respondents 1 and 2 in the claim petition are directed to deposit the said amount wihin a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE ln