IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 M.A.C.A.No. 235 of 2007(F) ------------------------------------ OP(MV) NO.398/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA ........................... PETITIONER : ------------------ JAMES JOSEPH, S/O.JOSEPH, PATTETTU HOUSE, TEEKOY VILLAGE, VENNIKULAM KARA. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS : --------------------- 1. BOBBY P. JOSEPH, S/O.JOSEPH, PULLATTU HOUSE, MAVADY KARA, TEEKOY VILLAGE. 2. JOHN DAVID, S/O. DAVID, CHUDALIMATHA HOUSE, BONAMI ESTATE, ELAPPARA. 3. THE NEW INDIA ASSURANCE CO.LTD., REPRESENTED BY ITS MANAGER, KATTAPPANA. ADV. SRI.P.JAYASANKAR – R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 235 OF 2007 --------------------------------- Dated this the 1st day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Pala in O.P.(MV) No.398/2003. The claimant, a 41 year old man, sustained injuries in a road accident and the tribunal has awarded a compensation of Rs. 55,740/-, which takes in Rs. 12,490/- towards medical expenses. A perusal of the award would reveal that he had sustained a fracture of the left fibula and fracture of medical mallelous left. He was inpatient in a hospital from 2.6.2003 to 17.6.2003. The tribunal had awarded almost very reasonable compensation on all heads. According to the learned counsel for the appellant he was an expert in sculptural work and therefore the income taken is too low. There is some force in the said contention especially considering the age of the person. Therefore I enhance the income to Rs. 2,500/- and calculate the compensation. So towards loss of earning he will be entitled to Rs. 1,000/- more for two months. So far as disability is concerned for 5%, the annual loss of earning would come to Rs. 1,500/- which when multiplied by an appropriate multiplier of 15 M.A.C.A. No. 235/2007 -2- would come to Rs. 22,500/-, out of which Rs. 18,000/- is already awarded by the tribunal. So he is entitled to additional compensation of Rs. 4,500/- under that head. Towards loss of amenities and enjoyment in life, I award an amount of Rs. 2,000/-. Therefore the claimant will be entitled to get an additional compensation of Rs.7,500/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 7,500/- with 7.5 % interest on the said sum from the date of petition till realisation. The 3rd respondent Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm