IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 MACA.No. 2607 of 2009() ----------------------- OPMV.2935/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER: --------------------------------------------- SUBRAMANIAN K.K., S/O. KALLU, KIZHAKKOOT HOUSE, POOTHARAKKAL, CHOVOOR, PERUMBILLISSERY, THRISSUR. BY ADV. MR.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SHAJI N.G. S/O. GOVINDANKUTTY, NANDILATH HOUSE, CHIRAKKAL, KURUMBILAVU, THRISSUR. 2. THE ORIENTAL INSURANCE CO.LTD. NO.2,KPN SHOPPING COMPLEX,OPPOSITE THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR. R2 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2607 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2935/02. The claimant, a carpenter by profession sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.29,200/-. Aggrieved by the same the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a lacerated injury on the forehead, abrasion over eye-brow, a fracture on the tissue of the left frontal area, fracture of the sinus and multiple abrasions on the chest. He was treated as an inpatient in the hospital for 4 days. The Tribunal found his income at Rs.2,000/-. The accident is of the year 2002. Admittedly the claimant is a carpenter by profession. Considering the wage set up of the carpenters now-a-days M.A.C.A. 2607 OF 2009 -:2:- who are of very much on demand it may not be on the higher side to fix the income at Rs.3,000/-. He is already aged 48 years which means he is an experienced carpenter. Therefore fixing the income at Rs.3,000/- for four months loss of earnings I grant a sum of Rs.4,000/- as additional compensation. For loss of amenities and enjoyment considering the fracture of the frontal bone as well as sinus and the nature of work which a carpenter has to do I intend to increase it by Rs.2,000/- thereby entitling him an additional compensation of Rs. 6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7% 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/-