IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 M.A.C.A.No. 430 of 2006(C) ---------------------- OPMV.372/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD .................... APPELLANT/PETITIONER: ------------------------------------- M.HARI, S/O.GOVINDAN NAIR, AGED 30 YEARS, MADATHIL HOUSE, VIMALA NAGAR P.O., OZHAKODY, MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS: -------------------------------------------- 1. P.C.BENNY, S/O.CHACKO, PUTHUMALAYAM HOUSE, PADINJARATHARA P.O., (DRIVER). 2. P.ABDUL AZEEZ, PUTHUKKADAN HOUSE, RANDATHANI P.O., MALAPPURAM. 3. K.K.SHAJU, S/O.KRISHNAN KUTTY, KRISHNA NIVAS, THIRUNELLY, MANANTHAVADY TALUK (RC OWNER). 4. UNITED INDIA INSURANCE COMPANY, KALPETTA, (LOCAL BRANCH OF THE INSURER, UNITED INDIA INSURANCE CO, PERINTHALMANNA). BY ADVS. SRI.N.S.MOHAMMED USMAN FOR R4 SRI.K.ANTONY JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A. No. 430 OF 2006 ------------------------------- Dated this the 5th 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, Wayanad in O.P.(M.V) No. 372/96. The Tribunal awarded a compensation of Rs. 35,500/- and it is against that decision, the claimant has come up in appeal. A perusal of the documents would reveal that the claimant had sustained a fracture of the pelvis and hip besides other injuries. He was treated inpatient in the hospital for 10 days. The Tribunal accepted his disability at 5%, fixed his income at Rs. 2,500/- and proceeded to award the compensation. But when it reached the question of permanent disability, the Tribunal awarded only a global amount of Rs. 12,000/-. It is incorrect. Therefore it requires recalculation. So actual loss of earning at the rate of 5% would come to Rs. 1,500/- per annum which when multiplied by an appropriate multiplier of 17, would come to Rs. 25,500/-. The Tribunal has awarded an amount of Rs. 12,000/-. Therefore the claimant is entitled to get an additional amount of Rs. 13,500/- M.A.C.A.No. 430/2006 -2- under that head. But the Insurance Company need not be penalised to pay interest for the delay caused in filing the appeal. Therefore the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 13,500/- with 7% interest from the date of petition till 20.9.1992 and from 1.4.2006 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