IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 1290 of 2006(B) ----------------------- OPMV.1011/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER -------------------------------------- JAMUNA DAS @ JUMUNA DAS, S/O. RAMANKUTTY NAIR, RAMA NIVAS, AMBALLOOR DESOM, AMBALLOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. M.D.JOSE, S/O. DEVASSY, MANJALY HOUSE, ALAGAPPANAGAR P.O., THRISSUR. 2. K.S.BENNY, S/O. SEBASTIAN, KOLAMKKANNY HOUSE, ALAGAPPANAGAR DESOM, AMBALLUR VILLAGE, P.O.ALAGAPPANAGAR, THRISSUR DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., PERINCHERY BUILDING, ROUND NORTH, THRISSUR. BY ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 1290 OF 2006 ------------------------------------------ Dated this the 12th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda in O.P(MV) No. 1011/2000. The claimant, a 35 year old Junior Engineer working in K.S.E.B, sustained injuries in a road accident and he was awarded a compensation of Rs. 45,421/- by the Tribunal. Dissatisfied with the same, the claimant has come up in appeal. A perusal of the award would reveal that he had a fracture of 2nd, 3rd and 4th proximal phalanx of right hand, fracture of radial styloid left side besides injuries on the knee, face and all over the body. A disability certificate, Ext. A9 was produced to show that he had sustained 14% permanent disability. The Tribunal took his disability at 7%, fixed his income at Rs. 1,500/- after retirement applied a multiplier of 8 and granted a compensation of Rs. 10,080/- towards permanent disability. It is certain that he M.A.C.A.No. 1290/2006 -2- would have retired as Senior Engineer in his Department and it may not be proper to calculate his income at Rs. 1,500/- after retirement, especially when he is a professional Engineer. Therefore, I fix his income at Rs. 2,500/- and the disability at 7% and apply a multiplier of 8. When it is so, it would come to Rs. 16,800/- of which Rs. 10,080/- is awarded by the Tribunal and so he will be entitled to get an additional compensation of Rs. 6,720/- under that head. From age 35 till 55, no disability compensation is granted but only loss of amenities for Rs. 4,000/- is given which appears to be grossly inadequate. I award an amount of Rs. 2,000/- under that head. 2. It can be seen that he was on half pay leave for 53 days and his basic salary was Rs. 3,075/- and D.A. Rs. 7,042/- totalling to Rs. 10,117/-. So for 53 days the amount will come to Rs. 17,868/- out of which Rs. 13,250/- is granted. It indicates that he has to get an additional compensation of Rs. 4,618/-. Therefore the claimant will be entitled to get an additional compensation of Rs. 13,338/- which is rounded as Rs. 13,000/-. In the result, M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 13,000/- with 6% M.A.C.A.No. 1290/2006 -3- interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the amount within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE. vkm