SHAJI E Vs. AVINASH

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 1548/06. The claimant, a 33 year old manual labourer, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.17,402/-. Dissatisfied with the same he has come up in appeal.

(2.) Heard the learned counsel for the appeal as well as the respondent. A perusal of the award would reveal that the claimant had sustained a lacerated wound on the forehead and a blunt injury on the abdomen and there was hoemoperitoneum due to the splenic laceration. Laprotomy and splenectomy done. He was treated as an inpatient in the hospital from 14.12.05 to 25.12.05. On going through the award and after hearing the learned counsel for both the sides I feel the following enhancement can be made.

(3.) Considering the fact that the claimant was aged 33 years and a manual labourer by profession and that the accident took place in 2005 I fix his monthly income at Rs.3,000/- and award loss of earnings for two months which will fetch an additional compensation of Rs.4,500/-. Though on small heads compensation can be enhanced I consider it under the head of loss of amenities for the reason that when one sustains a blunt injury on the abdomen, being an internal injury it will cause problem on almost all fields and therefore I award a sum of Rs.5,500/- more towards loss of amenities thus making an additional compensation of Rs.10,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- with 7.5% interest on the said 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. It is made clear that for the entire amount awarded as well the insurance company shall deposit interest at the rate of 7.5%.