IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.1613 of 2005(B) ------------------------------------------------------- O.P.(M.V.).NO.48/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM (AWARD DATED 17.12.2004) .................... APPELLANT/PETITIONER:- --------------------------------------- V.G.VINODKUMAR, RESIDING AT VINODVILASOM HOUSE, KURIYANAD P.O., KOTTAYAM. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. SARADA SADASIVAN, RESIDING AT 32/858, VINAYAKA, PALLINADA, PALARIVATTOM P.O., ERNAKULAM DISTRICT. 2. VINOD MENON, RESIDING AT 32/858, VINAYAKA, PALLINADA, PALARIVATTOM P.O., ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM. R1 & R2 BY ADV. SMT.K.V.RESHMI R3 BY ADV. DR.ELIZABETH VARKEY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.1613 of 2005-B -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(M.V.).No.48 of 2002. 2. The appellant sustained injuries in a road accident, such as multiple abrasions over the forehead, scalp, knee joints, etc. and a lacerated wound over the left tendo achilles with partial cut of achilles tendo. The doctor has issued a disability certificate showing his total disablement for two months and temporary disablement for one month. He also had found that there is thickening achilles tendon, which is painful and, therefore, he cannot scat and run. He has assessed the disability of the claimant at 8%. Being a hotel worker, certainly his income can be taken as Rs.2,000/- per month and, therefore, I enhance the compensation for loss of earning by Rs.1,500/-. Any injury, especially on the achilles tendon, takes a long time for curing and it would produce pain and disability to press the foot. So, certainly the claimant would have suffered severe pain and, therefore, I enhance the compensation under that head by Rs.2,000/-. Even according to the medical certificate, the defect for the claimant is to scat and run, which is not his part of avocation. But, in the day-to- M.A.C.A.No.1613 of 2005 - 2 - day life, it would cause him difficulties and, therefore, I feel, an additional amount of Rs.3,000/- has to be awarded under that head also. Therefore, the appeal is partly allowed and the claimant is granted an additional compensation of Rs.6,500/- (Rupees six thousand and five hundred only) with interest at 7% per annum on the said amount from the date of petition till realisation and the 3rd respondent-Insurance Company is directed to deposit the said amount within sixty days from the date of receipt of a copy of this judgment. M.N.Krishnan Judge vku/-