K K DHARMARAJAN Vs. N K GOVINDAN NAMBOODIRI

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)1089/04. The claimant, a carpenter by profession, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.21,600/-.

(2.) HEARD the learned counsel for the appellant as well as the respondent, insurance company. A perusal of the award would reveal that the claimant had sustained a contusion over the left chest and fracture on the superior pubic ramus. He was treated as an inpatient in the hospital for four days and was regularly reviewed till 9.7.04. He had produced a disability certificate for 12% which the Court did not accept. The learned counsel for the appellant had made available before me the document which shows that there is stiffness on the pelvis ring and some ankylosis on the left hip. It is true that nobody is examined to prove the same but the nature of the fracture especially considering the fact that he is a carpenter by profession can cause him some problem. Being a carpenter by profession I have no hesitation to fix his income at Rs.2,500/- and if it is worked out the claimant will be entitled to an additional compensation of Rs.3,750/- under the head of loss of earnings. The claimant will be also entitled to an additional compensation of Rs.2,000/- towards pain and sufferings considering the nature of the injuries. It has to be also stated that the disability though cannot be accepted as stated it has come out that he has suffered a fracture on the pubic ram and had undergone treatment and the doctor had certified that there is some difficulty for sitting and doing the work. So considering those aspects I feel towards temporary disability and loss of amenities Rs.2,500/- can be awarded.