IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 559 of 2004() ---------------------- OPMV.463/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ------------------- GANGADHARAN, S/O.GOVINDAN, PERUMPAZHANGI HOUSE, CHENGALOOR P.O. MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS 1,2 & 4 IN OP(MV) ----------------------- 1. K.N.CHANDRIKA, W/O.KARTHIKEYAN, XXI/224, MANATTIL HOUSE, THEKKUMBHAGOM, TRIPUNITHURA. 2. JOJU P.JOHNY, S/O.JOHNY, PALLATH HOUSE, CHENGALLOOR P.O. 3. THE NATIONAL INSURANCE CO.LTD., MARKET JUNCTION, TRIPUNITHURA. BY ADV. SRI.JOE KALLIATH - R3 SRI.ANIL S.RAJ - R1 SMT.NITHYA.K. - R1 SMT.MANJUSHA MOHANDAS - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 559 OF 2004 = = = = = = = = = = = = = = = Dated this the 13th 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, Irinjalakuda in O.P.(MV)463/97. The claimant sustained injuries in a road accident, i.e., fracture medial mallelous. The Tribunal did not accept the disability certificate as such but only it had taken 5% disability and calculated the compensation. After the period of retirement it had awarded Rs.7,000/- towards loss of amenities and enjoyment in life. The claimant was earning Rs.2,372/- even in 1996. Being a peon certainly after retirement he would have himself involved in some other work and there is nothing wrong in fixing the income at Rs.2,000/- for the purpose of calculating disability. Even though 5% disability alone is accepted when it is worked out the annual loss of dependency will come to Rs.1,200/- and applying a multiplier of 8 it will come to Rs.9,600/-. The Tribunal has already awarded Rs.5,760/-. Therefore the M.A.C.A. 559 OF 2004 -:2:- claimant will be entitled to an additional compensation of Rs.3,840/-. On all other heads reasonable amount is awarded. Therefore I enhance the compensation by Rs.3,840/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,840/- with 7% interest from respondents 1,2 and 4 and the 4th respondent is entitled to recover this amount from respondents 1 and 2. M.N. KRISHNAN, JUDGE. ul/-