IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 MACA.No. 740 of 2008 ------------------------------- O.P(MV).NO.1464/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/ PETITIONER: -------------------------------------- BASHEER, S/O.KUNJU THAMPI THYPPARAMBIL HOUSE, KOOVAPPALLY VILLAGE ANJALIPPA KARA, KANJIRAPPALLY, NOW RESIDING AT OTTAKANDAM HOUSE, AYMANAM P.O., KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE, ADV. SRI.THOMAS T.VARGHESE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. JESSY, W/O.SHAJIMON, KEECHERI OTTAPLACKAL HOUSE, ANJALIPPA KARA, ANJALIPPA BHAGOM, KOOVAPPALLY. 2. DR. M.JAYAPRAKASH, S/O.M.N.SAMUEL MUTHALAKKODAM HOLY FAMILY HOSPITAL, MUTHALKKODAM P.O. 3. THE ORIENTAL INSURANCE CO.LTD. THODUPUZHA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 740 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1464/04. Notice had been sent on the delay condonation petition as well as the appeal and respondents had been served. There is no appearance. It is a claimant's appeal. It is his case that he is a fish vendor by profession aged 40 years and had sustained fracture of the femur and also injuries on the patella with skin avulsion on the forearm. He was treated as an inpatient for 14 days in the hospital and the Doctor has fixed his disability at 14%. Documents are also produced to show that he had visited the hospital as an out-patient on considerable number of occasions. The Tribunal for the purpose of calculating the loss of earning power for three months took the income at Rs.2,500/- but whereas when it decided to calculate the loss of earning power it reduced it to Rs.2,000/- without any basis. There is also a calculation M.A.C.A. 740 OF 2008 -:2:- mistake committed by the Tribunal. Even if the disability is taken as 10% and the income is at Rs.2,500/- per month then the only loss of earning capacity if 10% is the disability would be Rs.3,000/- applying an appropriate multiplier of 15 it will come to Rs.45,000/-. The Tribunal has only awarded Rs.32,500/-. Therefore the claimant is entitled to an additional compensation of Rs.12,500/-. On all other heads adequate compensation has been granted and there is no appeal by any other party on the same. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,500/- with 7% 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. M.N. KRISHNAN, JUDGE. ul/-