IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 1566 of 2005(G) ------------------------------------- OPMV.528/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER : ------------------------------------- MR.WILSON, S/O.ANTONY, KUNNAMPLAKKAL HOUSE, PERINCHERY, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. MR.C.V.VARGHESE, CHAKKALAKKAL HOUSE, PELLISSERY.P.O., CHERPU, THRISSUR. 2. THE NEW INDIA ASSURANCE CO. LTD., PERINCHERY BUILDING, ROUND NORTH, THRISSUR. 3. SASEENDRANATHAN, S/O. KRISHNAN, THEKKANIAMPILLY HOUSE, AVINISSERY, THRISSUR. BY ADV. SRI.VPK.PANICKER - R1, 2, 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1566 OF 2005 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 528/96. The claimant sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.35,000/-. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. A perusal of the award would reveal that the claimant had a contusion on the frontal area with a lacerated wound on the occipital region and a soft tissue cerebral oedema. The scan report did not reveal any serious defect. The Neurosurgeon attached to the hospital assessed his disability at 10%. The Tribunal accepted the disability at 5%, took the income at Rs.1,500/- and calculated the compensation. 3. Learned counsel for the appellant would contend that being a goldsmith by profession, the Tribunal had erred in taking the income at Rs.1,500/-. The accident is of the year 1995 and I feel it is only just in taking the income at Rs.1,750/- for the purpose of calculating the compensation. For three month's loss of earning the MACA No.1566/05 2 claimant will be entitled to additional compensation of Rs.750. When the income is taken at Rs.1,750/- per mensum the annual loss of earning power will come to Rs.1,050/- which when multiplied by 17 would come to Rs.17,850/-. The Tribunal has awarded Rs.15,300/- under that head. So the claimant will be entitled to a balance compensation of Rs.2,550/-. The Tribunal has only awarded a sum of Rs.4,000/- towards pain and suffering. It can be seen that there was a prolonged concussion and he had undergone treatment under the neurological department. Therefore, atleast an amount of Rs.2,000/- has to be enhanced. For loss of amenities, I enhance the compensation from Rs.3,200 to Rs.5,000/-. So the claimant is entitled to an additional compensation of Rs.7,100/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,100/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1566/05 3