IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 367 of 2010() -------------------------------- OPMV.1788/2007 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ GIREESHKUMAR, S/O.APPUKUTTAN AGED 42 YEARS, NAGAPOTTAMMEL HOUSE, OLAVANNA AMSOM DESOM, GURUVAYOORAPPAN COLLEGE P.O.,KOZHIKODE DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): ------------------------ 1. K.HAFSATH W/O.VEERANKUTTY AGE NOT KNOWN RESIDING AT PUNATH VAYALKUNI HOUSE, MUCHUKUNNU P.O., KOILANDY,KOZHIKODE DISTRICT. 2. AMEER P.K.,S/O.ASHRAF AGE NOT KNOWN, THEKKEPPADANNAYIL HOUSE,MAYYAYIL PARAMBA, PALAZHI, GURUVAYOORAPPAN COLLEGE P.O., KOZHIKODE. 3. NATIONAL INSURANCE CO.LTD.,DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R3 BY ADV. SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.367 OF 2010 ............................................. Dated this the 15th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1788/2007. The claimant, a marble worker by profession, sustained injuries in a road accident and he has been awarded a compensation of Rs.27,657/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Heard both sides. A perusal of the award would reveal that the claimant had sustained fracture of the patella and an extensive wound on the shin. He was treated in the Medical College Hospital for 7 days and undergone a surgery and subsequently he had undergone physiotherapy treatment as well. He had expended Rs.1,407/= towards medical expenses. No disability certificate had been produced. 3. I find that the Tribunal has only granted Rs.4,000/= towards loss of earnings. Being a marble worker that too aged 38 years and considering the year of accident as 2007, I have no hesitation to fix his income at Rs.3,000/= : 2 : M.A.C.A.NO.367 OF 2010 per month. Certainly when a marble worker who sustains fracture of the patella, it will affect his working capacity for the reason that he cannot bend his leg. Therefore, I award Rs.3,000/= towards loss of earnings and for three months loss of earnings, he will be entitled to get Rs.9,000/= out of which Rs.4,000/= has been granted. So he is entitled to get Rs.5,000/= more under that head. Since no disability certificate is produced, nothing can be awarded under that head. For loss of amenities, it is true that only Rs.2,500/= is granted. But I find that the Tribunal has taken note of the sufferings and had awarded a huge compensation for pain and sufferings. Therefore the enhancement has to be restricted to Rs.5,000/=. So far as interest is concerned, the reasonable rate of interest is 7.5% and it is awarded for the entire amount. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/= with 7.5% 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 : 3 : M.A.C.A.NO.367 OF 2010 receipt of a copy of this judgment. It is also made clear that the claimant is entitled to 7.5% interest for the amount already awarded as well. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.367 OF 2010