IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 604 of 2006(A) ----------------------- OPMV.184/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT --------------------- K.KRISHNAN, S/O.LATE GOPALAN, KARNAL HOUSE, NAIKKATTY P.O., NOOLPUZHA AMSOM DESOM, WAYANAD. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: ------------- 1. ALI, S/O.KUNJUMUHAMMED, KALATHINGAL HOUSE, KUOUKKI, CHEERAL P.O., CHEERAL AMSOM DESOM, S.BATHERY TALUK, WAYANAD, (DRIVER OF THE VEHICLE BEARING NO. KL 11 L 6827 TATA 407 MINI BUS). 2. P.C.MUHAMMED, MOONUKUNNU PURAYIL HOUSE, P.O.PARAPPANPOYIL, THAMARASSERY, KOZHIKODE (R.C.OWNER OF THE VEHICLE KL 11 L 6827 TATA 407 MINI BUS). 3. UNITED INDIA INSURANCE CO.LTD., S.BATHERY BRANCH, NOORNAL BUILDING, MYSORE ROAD, S.BATHERY 673 592, POLICY NO.101607/31/040/11/ 16008/2001). BY ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 604 OF 2006 = = = = = = = = = = = = = = = Dated this the 17th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)184/03. The claimant, a 35 year old man, agriculturalist by profession, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.76,300/- with 6% interest. Dissatisfied with the same he has come in appeal. 2. I had perused the award and heard the learned counsel for the appellant as well as the insurance company. It can be seen that the claimant had sustained a comminuted fracture of the right frontal bone involving frontal sinus and fracture. He had undergone inpatient treatment in the hospital for 21 days. He had also sustained corresponding injuries on account of the frontal injury. The tribunal found that he would have been prevented from doing any work for six months and awarded a sum of Rs.9,000/- towards loss of earnings. It had also granted reasonable compensation for M.A.C.A. 604 OF 2006 -:2:- bystander's expenses, extra nourishment and under other heads. Towards pain and sufferings it awarded Rs.15,000/-. Learned counsel would contend that the disability certificate produced would show that he had sustained 40% visual disability, When 40% loss of vision is taken into consideration in the light of the schedule to the Workmen's Compensation Act, it will cause 10% loss of earning capacity and precisely that has been taken into account and applying a proper multiplier of 16, the Tribunal awarded Rs.28,800/- under that head. Over and above these the Tribunal again had taken into consideration further loss of earning power and awarded a sum of Rs.15,000/- thereby giving a disability compensation of Rs.43,800/-. So it has to be held that the compensation awarded by the Tribunal is extremely adequate and just as contemplated under the provisions of the M.V. Act. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-