IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 MACA.No. 1408 of 2005(B) ------------------------------------ (AGAINST THE AWARD DATED 27.10.2004 IN OPMV.825/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S)/APPLICANT: ---------------------------------------- CHRISTOPHER, S/O.P.JOHN, CHRIST HOUSE, KADINAMKULAM, PUTHUKURICHI P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): RESPONDENTS: ------------------------------------------------- 1. N.R.CHANDRANATH, S/O.THYCAUD RAJENDRAN, T.C.13/2090(1) RAJENDRAN, KOICKAL LANE, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. S.SREEKUMARAN NAIR, S/O.SIVASANKARAN NAIR, T.C.6/543, SARASWATHY BHAVAN, VATTIYOORKAVU, THIRUVANANTHAPURAM. 3. M/S.ORIENTAL INSURANCE CO LTD., DIVISIONAL OFFICE, THAKARAPARAMBU JUNCTION, PAZHAVANGADI, THIRUVANANTHAPURAM-23. 4. MAHENDRAN, S/O.NARAYANAN, ERUVILASOM VEEDU, NEAR KAKKAMOOLA, KAYALKARA, KALLIYOOR P.O., KALLIYOOR VILLAGE, THIRUVANANTHAPURAM. R3 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1408 of 2005-B ---------------------------------------------- Dated, this the 26th day of June, 2009 J U D G M E N T Joseph, J. The appellant has been awarded a sum of Rs.40,500/-. The complaint of the appellant is against the quantum. We heard the learned counsel for the appellant and learned counsel for the Insurance Company. 2. The learned counsel for the appellant would submit that having regard to the injury he should have been awarded compensation at the certified percentage of disability. Though 7% disability was assessed only 6% disability has been taken by the Tribunal, he contends. The learned counsel further submits that the income taken by the Tribunal is Rs.1,800/- per month. The appellant is a carpenter. He has produced A10 copy of S.S.I.Registration certificate. He submits that the income should have been taken as Rs.200/- per day. He would further point out that having regard to the injury, for pain and suffering only Rs.8,000/- granted is on the lower side. Further, he submits that towards loss of MACA 1408/2005 -2- amenities only Rs.5,000/- is granted. 3. Learned counsel for the Insurance Company supported the award. 4. Having heard the learned counsel appearing for the parties we feel that the appellant is entitled to enhancement. The appellant has sustained incised wounds measuring 4x3x0.5 cm. in the post auricular region of the ear and lacerated wound with skin loss in the left pinna and a fracture of the right clavicle. He was treated by clavicular brace, cuff and color sling wound suturing and ENT consultation was also done. As far as the income is concerned we feel that we can safely fix Rs.2,000/- per month having regard to the date of accident and the vocation of the appellant. It may be true that the appellant has not examined himself. He has produced A10 copy of permanent SSI registration. We fix the income as Rs.2,000/- instead of Rs.1,800/-. On the above basis the appellant would be entitled to a sum of Rs.24,480/- which is rounded as Rs.24,500/- towards disability (Already Rs.22,032/- stands awarded). We do not think that the appellant has made out MACA 1408/2005 -3- any ground to increase the percentage of disability from 6% to 7%. We feel that the percentage of disability is adequate. On the basis of the increase in the income the appellant would be entitled to Rs.400/- more towards loss of earning. We feel that the appellant can be awarded a further sum of Rs. 2,000/- towards pain and suffering. In view of the injury suffered we also feel that the appellant is to be granted a further sum of Rs.2,500/- towards loss of amenity. On the whole the appellant would be entitled to Rs.7,500/- more. Accordingly, the appeal is partly allowed and the appellant is allowed to realise Rs.7,500/- more with interest at 7.5 percent from the date of the petition till the date of realisation from the 3rd respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS