IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 MACA.No. 665 of 2005() --------------------------------- OPMV.1301/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: -------------------- SHAMSUDHEEN, S/O. ERATTPARAMBIL UMMER KARA P.O., EDAVILANGU, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS: ----------------------- 1. K.A. SUHAIB, S/O. ABDUL MAJEED, 16/84, SANJAYJUNCTION, THOPPUMPADY, KOCHI-5. (OWNER). 2. MOHAMMED NAWAZ, S/O. AMBALATHUVEETTIL BAVA, HOUSE NO.2/759, ERIYAD P.O., KODUNGALLUR (DRIVER.) 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., ERNAKULAM BRANCH OFFICE, 1ST FLOOR, CHANDRIKA BUILDING, M.G. ROAD, KOCHI. (INSURER.) BY ADV. SRI.P.G.GANAPPAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 665 OF 2005 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1301/99. The claimant had sustained injuries in a road accident and was awarded a compensation of Rs.22,552/- and it is against that decision the present appeal is filed. 2. Heard the counsel for both sides. The claimant is a fish vendor by profession and was aged 35 years at the time of the accident. He had sustained fracture of the malleolus and he was treated as an inpatient in the hospital for 12 days. The Doctor who examined him issued a disability certificate fixing the disability at 10%. The Tribunal took only 2% as the permanent disability though the Doctor was examined. It can be seen that he had sustained multiple lacerated wound and also sustainment of injury over the heel. A person who is working as a fisherman may have to M.A.C.A. 665 OF 2005 -:2:- do a lot of cycling and the injury on the feet would certainly affect his career as a fish lender. Therefore I feel this is a fit case where the disability can be fixed at 5%. When the monthly income is taken as Rs.1,500/-, the annual loss of earning capacity will come to Rs.900/-. Applying a multiplier of 16 it will come to Rs.14,400/-. The Tribunal has awarded Rs.5,760/-. Therefore under that head the claimant is entitled to an additional compensation of Rs.8,640/-. The Tribunal has only awarded a sum of Rs.5,000/- towards pain and sufferings. It can be seen that he had a fracture on the malleolus and had undergone inpatient treatment for 12 days and thereafter was disabled to do any work for three months. Certainly he would have suffered agony on account of the fracture on the feet. I therefore enhance the compensation under that head by Rs.2,000/- On all other heads reasonable amount has been awarded. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,640/- with 7% interest on the said M.A.C.A. 665 OF 2005 -:3:- sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-