IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 484 of 2003() ---------------------- OPMV.553/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- JALESH, KOKKANTHARA HOUSE, ELINJIPRA, MUKUNDAPURAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS 1 TO 3 IN OP(MV) ----------------------------------------- 1. P.D.GEORGE, PULLAN HOUSE, POTTA, CHALAKUDY. 2. OUSEPHUNNI S/O. ANTHONY, KOONAN HOUSE, POTTA P.O. 3. ORIENTAL INSURANCE CO., KALLOOKKARAN SHOPING COMPLEX, ANGAMALY. BY ADV. SRI.K.G.BALASUBRAMANIAN FOR R1 BY ADVS. SRI.SIBY MATHEW & SRI.A.A.MOHAMMED NAZIR FOR R2 BY ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 484 OF 2003 -------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel appearing for the third respondent. We have also gone through the award of the Tribunal. Having regard to the injuries sustained by the appellant, and the disability certificate issued by the doctor, we feel appellant is entitled to have his loss of earnings fixed by taking into account disability at 10%. Having regard to the age, the multiplier is rightly adopted at 16. Even though there is no evidence about his qualification or the nature of employment, but, having regard to the age of the appellant, monthly earning is fixed at Rs. 2500/- as against Rs. 1500/- fixed by the Tribunal. Consequently the compensation towards loss of earnings is refixed at Rs. 48,000/- as against Rs. 17,300/- fixed by the Tribunal. Similarly wages for 6 months will stand revised to Rs. 15,000/- as against Rs. 9,000/- fixed by the Tribunal. Interest on the 2 additional compensation will be at 7.5 per cent annum from the date of application till date of deposit. Appeal is allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3