IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936

MACA.No. 891 of 2010 ( )

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OPMV.2120/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR.

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APPELLANT/PETITIONER IN OP(MV):

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JUSTINE AUGUSTINE,

S/O.LATE AUGUSTINE, MYNATTUPARAMBIL HOUSE,

NEAR FATHIMA MATHA CHURCH, WEST KORATTY.

BY ADVS.SRI.V.V.NANDAGOPAL NAMBIAR,

SRI.PREEJA P.VIJAYAN,

SRI.RESHMI JACOB.

RESPONDENTS/RESPONDENTS IN OP(MV):

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1. SHIJU, MYNATTUPARAMBIL HOUSE,

MAMBRA P.O., WEST KORATTY.

2. NEW INDIA ASSURANCE CO. LTD.,

SM SHOPPING COMPLEX, ALUVA ROAD,

ANGAMALY.

R2 BY ADV. SRI.VPK.PANICKER.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION

ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

P.B.SURESHKUMAR, J.

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M.A.C.A.No.891 OF 2010

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Dated this the 23^rd day of February, 2015.

The claimant in a petition for compensation before the Motor

Accidents Claims Tribunal has come up in this appeal challenging the

quantum of compensation granted by the Tribunal.

2. The claimant is a Marketing Executive. The accident took

place on 1.12.2004. The claimant was aged 22 years at the time of

accident. A sum of Rs.1,00,000/- was claimed in the petition by way

of compensation. The Tribunal, on an appraisal of the materials on

record, found that the claimant is entitled to only a sum of

Rs.19,902/- and accordingly an award was passed for the said

amount. As the vehicle involved in the accident was covered by a

valid insurance policy at the time of accident, the insurer of the

vehicle was directed to satisfy the award. The claimant is aggrieved

by the said award.

3. Heard the learned counsel for the claimant and the learned

counsel for the insurer.

4. Ext.A6 is the accident register-cum-wound certificate issued

M.A.C.A.No.891 OF 2010

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to the claimant from K.G.Hospital, Angamaly. Ext.A8 is the treatment

certificate issued from the said hospital to the claimant. The Tribunal

noticed that the claimant sustained laceration over his upper lip, chin,

etc. The Tribunal also noticed that the claimant sustained fracture of

two teeth. It is also seen that the claimant had undergone inpatient

treatment for three days.

5. According to the claimant, at the time of accident, he was

employed as a Marketing Executive of ICICI Prudential Life Insurance

Company and he was earning a sum of Rs.8,450/- by way of salary. In

the absence of any evidence, the Tribunal reckoned the monthly income

of the claimant at Rs.2,500/- and granted Rs.2,500/- towards

compensation for loss of earnings. Since the accident took place in the

year 2004, I am of the view that the Tribunal should have taken the

monthly income of the claimant at least at Rs.4,500/-. The claimant is,

therefore, entitled to a further sum of Rs.2,000/- towards loss of

earnings. The Tribunal granted a sum of Rs.5,000/- towards pain and

sufferings. In the nature of the injuries sustained by the claimant and

the treatment undergone by him, I am of the view that the claimant is

entitled to a further sum of Rs.5,000/- towards compensation for pain

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and sufferings. Towards loss of amenities and enjoyments in life, the

Tribunal has granted only a sum of Rs.2,000/- as compensation. On an

evaluation of the nature of the injuries sustained by the claimant, I am

of the view that the claimant has to be granted a further sum of

Rs.8,000/- towards loss of amenities and enjoyments in life. Thus, the

claimant is entitled to a further