IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MACA.No. 1028 of 2004() ---------------------------------- OPMV.1591/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: -------------------- ROBIN, S/O. JACOB, KANNAMPUZHA HOUSE, NEDUPUZHA P.O., THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENTS: ------------------------- 1. K.RAMACHANDRAN, POONGODE HOUSE, ALATHUR P.O., PALAKKAD DISTRICT. 2. C.P.ANDAVAN, S/O. PEZHANGOLAN, WEST VETTUKAD, MANGALOOR, ALATHUR, PALAKAD DIST. 3. THE ORIENTAL INSURANCE CO. LTD., REP. BY ITS BRANCH MANAGER, BRANCH OFFICE, SHOBHA T.S.M. COMPLEX, R.S. ROAD, PALAKKAD. BY ADV. SRI.S.MAMMU - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== M.A.C.A. No.1028 OF 2004 ===================== Dated this the 29th day of May, 2008 JUDGMENT This is appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.1591 of 2000. The claimant was a pillion rider and he sustained injuries in a road accident. The Tribunal found that the driver of the bike is negligent to a tune of 40% and deducted the compensation for the reason that there has been no claim made against the driver of the vehicle. Learned counsel for the appellant would contend that the claimant was aged 17 years at the time of the accident and he was a diamond worker earning a monthly income of Rs.3,000/-. The Doctor, who had issued a disability certificate fixing the disability at 8%. A perusal of the same would reveal that there is subluxation and palmar flexion is restricted and there is shortening of 2 cms of the radius. The Doctor has also found that this may interfere with his routine work. The Doctor calculated the temporary disability of 100% for 2 months and 50% for next 2 months and permanent disability at 8%. Unfortunately, the Tribunal has not taken note of these factors and awarded a global amount of Rs.12,000/-. Even if it MACA 1928/2004 -:2:- is stated that it is slightly on the higher side, I feel 6% disability can be taken. When his income is taken as Rs.2,000/- per mensem and 6% as the disability, the loss of earning per annum would be Rs.1,440/-, applying an appropriate multiplier of 16, it will be Rs.23040/-. So he is entitled to get an additional amount of Rs.11,040/-. Similarly on account of the disability for more than two months he has to be compensated and therefore I fix the additional compensation at Rs.14,000/-. Since he has not claimed any compensation against the rider of the bike he can only claim 60% from the other side. When 40% is deducted he will be entitled to Rs.8400/-. Therefore, the MACA is disposed of by allowing an additional compensation of Rs.8,400/- in favour of the claimant with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. Being an old case, the claimant may be permitted to withdraw the amount. M.N.KRISHNAN, JUDGE Cdp/-