Dissatisfied with award dated 30.9.2013 passed by the Motor Accidents Claims Tribunal, Ernakulam in O.P.(M.V.) No.561 of 2011, the petitioner before the Tribunal has come up in appeal. 2. The appellant who is a painter aged 52 years, employed under a contractor by Cochin Shipyard Limited, sustained injuries in a motor vehicle accident on 26.2.2011. The learned Tribunal has passed the award granting a compensation of `29,000/- with interest. According to the appellant, the said amount does not reflect adequate compensation.
3. Heard the learned counsel for the appellant and the learned counsel for the third respondent, insurer. The main argument forwarded by the learned counsel for the appellant is that even though the appellant who was a painter by profession had sustained the fracture of 2nd, 3rd and 4th meta tarsal left foot, the learned Tribunal has passed the award by granting compensation for loss of earning for two months only and also an amount of `10,000/- only towards for pain and suffering. It seems that the appellant had claimed an amount of `15,000/- towards pain and suffering and an amount of `15,000/- towards loss of earning. Even though no document was produced to show the income, the learned Tribunal has awarded an amount of `8,000/- towards loss of earning. According to the learned counsel for the appellant, the appellant could not work for three months and therefore compensation for loss of earning for three months should have been awarded. As regards pain and sufferings, an amount of `10,000/- has been granted. Considering the submissions made by the learned counsel for the appellant and the facts and circumstances of this case, this court is of the view that loss of earnings for three months has to be awarded to the appellant. Over and above it, the compensation for pain and sufferings granted by the Tribunal has to be enhanced to `12,000/-
In the result, this appeal is allowed in part and an amount of `6,000/- is granted as enhanced compensation to the appellant. The third respondent/insurer shall pay the said amount with interest at the rate of 8% per annum from the date of petition, within two months from today. There is no order as to costs.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge