IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 MACA.No. 1418 of 2004() ---------------------------------- OPMV.573/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT (PETITIONER IN THE OP) : -------------------------------------------------------- JOSE ANTONY ALIAS JOPPACHAN, S/O. LATE ANTONY, AGED 50, VALIYAVEETIL HOUSE, KOZHUVANAL P.O., KOTTAYAM DISTRICT. BY ADV. SRI.T.J.THOMAS RESPONDENTS/RESPONDENTS IN THE OP : ------------------------------------------------------------- 1. RAJU ABRAHAM, NELLICKANIRAPPEL, PARAPPALLY BHAGOM, KIZHAPARAYAR P.O. 2. JOSE GEORGE, HIGH LAND FERTILISERS, KOLAHALAMEDU P.O., VAGAMON 3. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY THE BRANCH MANAGER, DAIVASAHAYAM BUILDING, PONKUNNAM P.O. BY ADV. SRI.P.R.RAMACHANDRA MENON, SC SRI.BIJU GEORGE - R2 SRI.REJI MATHEW KAVALAYIL - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------ M.A.C.A.No. 1418 of 2004 ------------------------------ Dated this the 3rd day of July, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents claims Tribunal,Pala, in O.P. (MV) No. 573/1999. An auto driver aged 46 years sustained injuries in a road accident and the tribunal awarded compensation at Rs. 59,250/-. A perusal of the award itself would reveal that the claimant sustained crushed injury on the forehead, as a result of which nerves were cut. He had other injuries as well. He was treated as an inpatient in medical college for six days. Certificate issued by the Medical College Hospital and Exhibit A8 would reveal that the claimant had post traumatic vascular head ache and injury to right supra orbital nerve causing pain on the right head. Similarly, Exhibit A9 would reveal that there had been visual disturbance on account of RTA and his vision in both eyes are 6/9 and there is no further improvement with glasses . The tribunal has also noted it. But the tribunal awarded only a sum of Rs. 25,000/- as compensation M.A.C.A.No. 1418 / 2004 Page numbers towards loss of amenities and enjoyment in life. It is true that precisely the percentage of disability is not available before the tribunal, but some guess work is necessary when a person who had sustained a crush injury on the forehead coupled with cutting of nerves necessarily would have suffered post traumatic head ache as well as loss of vision. This is substantiated by the medical evidence as well. Therefore minimum disability of 10% has to be taken. When it is so and the income is taken Rs.2,500/- per mensum, the loss of earning capacity per annum will be Rs. 3,000/-, which when multiplied by appropriate multiplier of 13 would come to Rs. 39,000/-. Over and above this sum, at least a nominal amount has to be granted towards the loss of amenities and enjoyment in life, which I fix as Rs.6,000/-. Thus, total compensation would be Rs. 45,000/- under two heads. Out of this Rs. 25,000/- is already granted and therefore the claimant will be entitled an additional compensation of Rs. 20,000/- . In the result, M.A.C.A partly allowed and the claimant is awarded an additional compensation of Rs. 20,000/- with 7% interest from the date of petition till realisation and the third respondent, M.A.C.A.No. 1418 / 2004 Page numbers Insurance Company is directed to deposit such amount within a period of 60 days from the date of receipt of the copy of the judgment. M. N. KRISHNAN, JUDGE scm