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. 257 of 2004() ---------------------- OPMV.1549/1995 of ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/PETITIONER: -------------------------------------- LONAPPAN, S/O. DEVASSY, AGED 49 YEARS, CHARUPPARAMBIL VEEDU, PATTIKKADU P.O., PEECHI, THRISSUR DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: RESPONDENTS: ------------------------- *1. P.K.HARIDAS, AGE NOT KNOWN, S/O. LONAPPAN, PUTHANTHARA HOUSE, NENMARA, CHITTUR TALUK (OWNER OF VEHICLE NO.KRC 3447- BUS). *2. RAJAGOPALAN, S/O. CHAMY, AGED 28 YEARS, MANGOTTU VEEDU, NENMARA, CHITTUR. [RESPONDENTS 1 AND 2 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DT. 20.6.07 IN IA 1146/07.] 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, G.B.ROAD, PALAKKAD. BY ADV. SMT.K.C.BEENA FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 257 OF 2004 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 1549/95. the claimant, aged 49 years an Excise Guard, sustained injuries in a road accident. The Tribunal has awarded a compensation of Rs.17,800/-. It is against that decision the present appeal is preferred by the claimant for enhancement. 2. Heard both sides. A perusal of the award would reveal that the claimant had sustained fracture of the neck of talus right and deformity of the right upper limb. POP slab was applied. He was on leave from 8.4.95 to 14.9.95 which is evidenced by Ext.A7 series. Even according to the Tribunal he was getting a net salary of Rs.2,997/-. Since the actual claim was made only till August from the date of accident, the Tribunal has granted only Rs.10,000/- towards loss of earning. It is not correct. When he has sustained loss of earning for five months, the Tribunal should have awarded him Rs.15,000/- i.e. an additional compensation of Rs.5,000/-. MACA No.257/04 2 Similarly the Tribunal has only granted Rs.4,000/- towards pain and suffering whereas the man was forced to take leave and rest for 160 days. Therefore, I enhance the compensation for pain and suffering by Rs.3,000/-. Certainly, on account of the injuries sustained there would have been loss of amenities and enjoyment in life to the claimant. So a minimum amount of Rs.4,000/- can be awarded under that head. On all other heads adequate compensation has been granted by the Tribunal. Therefore the claimant is entitled to an additional compensation of Rs.12,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.12,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.257/04 3