~ ~ ~ ~ ~ ~ ~ ~ ~ Admitted. Heard. 2. The petitioner in O.P.(MV) No.1377/2008 of the Motor Accident Claims Tribunal, Irinjalakuda has come up in appeal against award dated 15.11.2012. The appellant, who was 38 years old, a fish monger by profession, who was earning a monthly income of 6,000/-, suffered a motor accident on 04.08.2008 when the autorickshaw by which he was travelling capsised. He sustained serious injuries including the injury to his right radial nerve and he suffered radial nerve palsy, contusion right hand, wrist fracture, etc., as evident from Ext.A3 wound certificate. He suffered a permanent disability of 10%. The Tribunal has awarded an amount of 66,886/- as compensation.
3. According to the learned counsel for the appellant, the Tribunal has not granted any compensation under the head loss of earnings as well as loss of amenities. On going through the other heads under which compensation was granted, this Court is of the view that the same are not liable to be interfered with. When the Tribunal has found that he was earning 3,000/- per month, a compensation towards loss of earnings at least for two months should have been granted. Similarly, towards loss of amenities, at least an amount of 5,000/- should have been granted. Considering the facts and circumstances of the case, this Court is of the view that the appellant is, therefore, entitled to get an amount of 11,000/- more as enhanced compensation on account of the injuries sustained.
In the result, this appeal is allowed and an amount of 11,000/- more is granted as enhanced compensation to the appellant with interest at the rate of 7.5% per annum from the date of petition till the date of realisation. The 3rd respondent, being the insurer, shall pay the amount to the appellant within two months from today.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/30/05 The following sentence is incorporated as the last sentence in the judgment, vide order dated 16.12.2014 in I.A.No.3765/2014:
“After making the payment, the 3rd respondent is permitted to recover the said liability also from the 1st respondent.”
Sd/- Registrar (Judicial)