IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 MFA.No. 845 of 2002(B) -------------------------------- OPMV.1478/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: (PETITIONER IN O.P.(MV)): -------------------------------------------------------- SUNIL KUMAR, THURUTHIL HOUSE, K.K.ROAD, CHALAKUDY, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: (RESPONDENTS IN O.P.(MV): -------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. SREEDHARAN, S/O.GOPALAN, AMMUPPILLI HOUSE, PALISSERY DESOM, KARUKUTTY VILLAGE. BY ADV. SRI.K.PRABHAKARAN, SC, KSRTC - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MFA No.845 OF 2002 ===================== Dated this the 7th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1478 of 1995. The appellant sustained injuries in a road accident. He had a fracture of the tibia and fracture of the scaphoid bone. He was treated as an inpatient in the hospital and he produced a disability certificate which would reveal the disability at 10%. He was an inpatient for 7 days. The disability certificate reveals the restriction of movement, difficulty to lift or carry heavy weights, etc. He was a technically qualified person. But at the time of calculation of the compensation, the Tribunal reduced the percentage of disability to 3% and calculated the compensation. It is not proper. Similarly, the amount awarded under the heads pain and suffering and loss of amenities in life is also inadequate. When the percentage of disability is fixed at 5% and the income is taken at Rs.18,000/- per annum, by applying a multiplier of 17, the permanent disability compensation would come to Rs.15,300/-. Rs.9,200/- is already granted. So, the claimant is entitled to an MFA 845/2002 -:2:- additional compensation of Rs.6,100/-. He was an inpatient in the hospital for a period of 7 days. I enhance the compensation under the head pain and suffering by Rs.2,000/-. For the loss of amenities and enjoyment in life, he is entitled to Rs.5,000/- for which the Tribunal has awarded Rs.2,800/-. I enhance it by a further sum of Rs.2,200/-. Therefore the claimant will be entitled to an additional compensation of Rs.10,300/-. MFA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,300/- with 7% interest on the said sum from the date of petition till realisation and the KSRTC is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-