IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 436 of 2010(B) ---------------------- OPMV.148/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV ----------------------------------------------- SELVAN, S/O,MALIYEKKAL RAJAN, PADAVARADU DESOM,OLLUR VILLAGE AGED P.O., THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S)/RESPONDENTS IN OPMV: -------------------------------------------------- 1. SIJU T.V., S/O.THERATIL VARUNNU,OLLUR P.O., 2. THE ORIGINAL INSURANCE CO.LTD., ROUND WEST, THRISSUR. ADV. SRI.M.JACOB MURICKAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 436 OF 2010 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)148/06. The claimant, a 33 year old head load worker, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.49,000/- out of which Rs.23,600/- represents medical expenses. Dissatisfied with the award the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would show that the claimant had sustained a fracture on the femur and he was admitted in the hospital for a period of 5 days and had undergone a prolonged treatment. Though the disability certificate issued by him was marked it was not accepted. A copy of the said certificate is made available for perusal which would show that M.A.C.A. 436 OF 2010 -:2:- there is limitation of movement shortening of the leg by 0.3 c.m. and there is difficulty for him for climbing up and down or to run or jump. It is also stated that there is difficulty for him to stand very much on the legs. Being a head load worker one requires very strong legs. So I feel in the fitness of things at least a minimum of 3% can be taken as the disability. If the income is fixed at 2,500/- per month 3% as the disability it will cause Rs.900/- as the loss of earning power which when multipled with 16 the proper multiplier as per Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) would show that he is entitled to a disability compensation of Rs.14,400/-. When the income is taken at Rs.2,500/- he is entitled to Rs.1,500/- towards additional actual loss of earnings. Considering the nature of the injuries and the age of the person I feel Rs.2,000/- more can be awarded towards loss of amenities thus making an additional compensation of M.A.C.A. 436 OF 2010 -:3:- Rs.17,900/- which I round as Rs.18,000/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.18,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. It is also made clear that on payment of this amount also the insurance company is entitled to realise it from the owner, first respondent. M.N. KRISHNAN, JUDGE. ul/-