IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 M.A.C.A.No. 1684 of 2005(C) ----------------------- O.P(MV) No.136/1997 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA, WAYANAD. .................... APPELLANT/PETITIONER: ---------------------- M.MOHANAN, S/O.LATE SANKARAN, AGED 30 YEARS, MANKULANGARA HOUSE, VALAD P.O., MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS/ RESPONDENTS: ------------------------- 1. BASHEER, S/O.ABDULLA, KANIYANKANDY HOUSE, KALLODY, EDVAKA, MANANTHAVADY(DRIVER). 2. N.K.IBRAYI, S/O.MAMMU, NEDUMKUDY HOUSE, ANCHUKUNNU, MANANTHAVADY TALUK(OWNER). 3. UNITED INDIA INSURANCE COMPANY, KALPETTA BY ADV. SRI.A.R.GEORGE - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1684 OF 2005 --------------------- Dated this the 30th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 136/97. The claimant, aged 30years, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs26,950. It is aggrieved by that decision , the claimant has come up in appeal. 2. The Tribunal has not awarded the compensation in the way in which it is to be done. Tribunal has just taken the income at Rs.2,500/- calculated the compensation accepting the disability and gave a global amount and therefore the appellant is aggrieved by that decision. The accident is of the year 1997. Considering the wage structure at that time, it is only desirable to take the income at Rs.1,500/- when the compensation is to be calculated on mathematical basis. Certainly on account of the fracture sustained he would not have been in a position to do any work for a period of four months. So I award him Rs.6,000/- towards loss of earning, which means a deduction of Rs.1,500/- under that head. So far as disability is concerned, the percentage of disability is accepted as such at 5% and Rs.1,500/- is taken as the income and an appropriate multiplier of 17 is used, it will come to Rs.15,300/-. Over and above this atleast a MACA No.1684/05 2 reasonable amount has to be given for loss of amenities and enjoyment in life, which I fix as Rs.5,000/-. So under those two heads he will be entitled to Rs.20,300/- out of which Rs.12,000/- has already been granted. So the balance amount of Rs.8,300/- has to be further awarded. Similarly, for a fracture of this nature only an amount of Rs.6,000/- is given as compensation for pain and suffering, which I enhance by Rs.2,000/-. The medical expenses awarded is only Rs.750, which appears to be too meager. I enhance it by another Rs.1,000/-. So the additional amount will come to Rs.11,300 (8,300+2,000+1,000) of which Rs.1,500/- has to be deducted as I have reduced the actual compensation for loss of earning to Rs.6,000/-. Therefore, the appellant is entitled to an additional compensation of Rs. 9,800/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,800/- with 7% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1684/05 3