IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 1844 of 2006() ---------------------------------- OPMV.1132/1999 of IST ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER: -------------------------------------- SUNIL P., S/O. KUNHALAN, SANGEETHA HOUSE, P.O. ERANHIKKAL, KOZHIKODE DIST. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. M. SIVANANDAN, S/O. CHATHUKUTTY, MALAYIL HOUSE, P.O. ERANJIKKAL, KOZHIKODE DIST. (R.C. OWNER OF THE MINI LORRY KL-11/D-9446). 2. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MANUAL SONS TOWERS, G.H.ROAD, CALICUT, PIN-673 001. (INSURER OF THE MINI LORRY KL-11/D-9446). ADV. SRI.K.M.FIROZ FOR R1 ADV. SRI.RAJAN P.KALIYATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1844 OF 2006 ===================== Dated this the 6th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1132 of 1999. The claimant, a lower division clerk employed in the Sales Tax Department, sustained injuries in a road accident. A perusal of the award would reveal that he had sustained fracture on the femur and compound fracture of both bones of right arm. He had bleeding from nose and he had lost upper right incisor tooth. He was treated in the hospital as an inpatient from 6.3.1999 to 2.4.1999. The Tribunal awarded him a compensation of Rs.37,300/- inclusive of the preliminary award. The Tribunal exonerated the insurance company from liability on the ground that he was a gratuitous passenger travelling in a goods vehicle and therefore the insurance company is not liable to indemnify. Learned counsel would submit that the compensation awarded is inadequate. The Tribunal has not considered the disability certificate issued by the Doctor, which is marked as Ext.A4 in the case. Learned counsel had made available before me for perusal a copy of MACA 1844/2006 -:2:- the certificate which would show that there had been malunion of both bones of the right forearm. There was also partial ankylosis and some problem with knee and the Doctor fixed the disability at 12%. It is true that the Doctor is not examined. It is also to be stated that he is not likely to loose any amount because he continues to be in Government service till the age of 55. Therefore fixing the disability at 5% and the income is taken as Rs.2,000/- and applying a multiplier of 8 after the age of 55 years, the disability compensation would come to Rs.9,600/-. It has also to be stated that from the age of 27 till retirement, no disability compensation is given. I grant him Rs.2,000/- for loss of amenities. For loss of two teeth, I enhance the compensation by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.12,600/-. So far as it relates to finding on a gratuitous passenger no further finding is necessary. Therefore the finding of the Tribunal has only to be confirmed. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.12,600/- with 6% interest on the said sum from the date of petition till realisation. The first respondent is directed to deposit the amount in addition to amount already awarded by the Tribunal MACA 1844/2006 -:3:- within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-