IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 MACA.No. 1786 of 2010() ------------------------------ OPMV.802/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER --------------------------------- MR.SYAM KIRAN, S/O.PRAJNJAN, VANPARAMBIL HOUSE, THANISSERY DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S)/ RESPONDENTS --------------------------------------- 1. MR.LIJO JOSEPH, S/O.JOSEPH, PADAMADAN HOUSE, ILIKAD DESOM, KATTOOR VILLAGE, THRISSUR DISTRICT,P.O. KATTOOR, PIN - 680 702. 2. THE MANAGER, NATIONAL INSURANCE CO. LTD., MAIN ROAD, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1786 OF 2010 ............................................. Dated this the 9th day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.802/2006. The claimant, a 33 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.35,600/= with 7% interest. Dissatisfied with the same, he has come up in appeal for enhancement of the compensation. 2. A perusal of the award would reveal that he had sustained a fracture of the medial malleolus of the right ankle besides lacerated wound on the right cheek etc. He had expended Rs.10,000/= towards medical expenses. The Tribunal has awarded reasonable compensation almost under all heads. The learned counsel had produced before me a copy of the disability certificate. The Tribunal did not accept it on the ground that neither the claimant nor the doctor was examined to prove the disability certificate. A perusal of the disability certificate also would prove that there is only partial : 2 : M.A.C.A.NO.1786 OF 2010 ankylosis suffered by the claimant. Even if it is true, in the absence of concrete materials, the disability compensation cannot be awarded. It is seen that at the rate of Rs.1,000/= per month 5 months' loss of earnings is granted for a 33 year old man. Even if his income is taken at Rs.2,000/= which shall be the minimum, he is entitled to get Rs.5,000/= more towards loss of earnings. Considering the difficulty expressed in the disability certificate regarding sqatting, running etc, I grant Rs.2,000/= towards loss of amenities making an additional compensation of Rs.7,000/=. On all other heads there has been proper compensation. In the result, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.7,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1786 OF 2010 : 4 : M.A.C.A.NO.1786 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T