IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 MACA.No. 1730 of 2009() ------------------------------------ OPMV.1219/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER ----------------------- T.ALI, AGED 48 YEARS, S/O. MOHAMMED, THARUTHIRITHI HOUSE, P.O. PANG, CHANDAPARAMBU, VIA KOLATHUR, MALAPPURAM DIST. BY ADV. MR. P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT ------------------------ THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICER, MALAPPURAM. R1 BY ADV. MR.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1730 OF 2009 ............................................. Dated this the 3rd day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Manjeri in OP(MV)No.1219/2004. The claimant, a 43 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.55,000/= with 7% interest on the said sum. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant would contend that the Tribunal has erred in fixing the income at Rs.2,500/= and also had gone wrong in fixing the multiplier as 13. So, as the income is concerned, the Tribunal has made a best judgment calculation and it does not call for any interference. But there is some point in what he says about the multiplier. In the decision reported in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298) , the Apex Court in para-21 of : 2 : M.A.C.A.No.1730 OF 2009 the judgment has given a table to be followed and when it is so, the multiplier to be used for a person aged 43 years would be 14 and not 13 and therefore, the claimant will be entitled to an additional compensation of Rs.2,400/= under that head. The injury sustained by the claimant is a vertebral injury which would certainly affect loss of amenities and enjoyment in the day to day activities of a man and it will become worsen when the age increases. Therefore, I award a sum of Rs.5,000/= as compensation under that head. So far as the interest is concerned, the Apex court had held that considering the prevalent rate of interest, it is desirable to give 7.5% interest on the same from the date of the petition till realisation. The claimant is also entitled to get interest at the rate of 7.5% for the entire amount awarded by the Tribunal as well. The insurance company shall deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1730 OF 2009 : 4 : M.A.C.A.No.1730 OF 2009