IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MACA.No. 583 of 2005() --------------------------------- OPMV.1100/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/CLAIMANT IN THE OP ------------------------------------------------- ASOKAN, S/O. DIVAKARAN, ASWATHI BHAVAN, OZHUKUPARAKKAL HOUSE, AYOOR. BY ADV. SRI.T.KURIAKOSE PETER RESPONDENTS/ RESPONDENTS 1 TO 3 IN THE OP ------------------------------------------------------------------------ 1. BABU, S/O. RAMAN, CHARUVILA VEEDU, MAKKULAM, OZHUKUPARACKAL P.O., AYOOR. 2. SAJAN C.BABU S/O. BABU, CHARUVILA VEEDU MAKKULAM, AYOOR. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, ROHIN BUILDING,JK TKEKARAPARAMBU ROAD, THIRUVANANTHAPURAM-23. BY ADV. SRI.VPK.PANICKER - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.583 OF 2005 ===================== Dated this the 18th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)No.1100 of 2002. The claimant aged 41 years, a mechanic by profession, sustained injuries in a road accident. He sustained fracture on the right patella and dislocation of left shoulder. He was admitted in the hospital as an inpatient from 10.5.2001 to 16.5.2001 and from 24.5.2001 to 29.5.2001 and his leg was on plaster for a period of 45 days. Without any hesitation one can fix his income at Rs.2,000/- and he would not have been in a position to do any work at least for a period of two months. Therefore I enhance the compensation for loss of earning by Rs.3,400/- after taking into account the amount awarded. The compensation awarded towards pain and suffering is Rs.2,000/- which also requires modification. I enhance it by Rs.3,000/-. The Tribunal has given Rs.3,000/- for loss of earning power, etc. It has to be held that a mechanic by profession who had sustained dislocation of the shoulder as well as fracture on the patella, he would not have been able to do any work for a MACA 583/2005 -:2:- considerable length of time. Therefore I enhance the compensation by Rs.3,600/- whereby making an additional compensation of Rs.10,000/-. Therefore the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed the deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-