IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 330 of 2005(D) ----------------------------------- OPMV.287/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT (PETITIONER IN OP(MV) ) : --------------------------------------------------------- PAPPOO @ JOSEPH, S/O. JOSEPH, PAYYAPPILLY HOUSE, MELUR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS (RESPONDENTS IN OP (MV) ) : ---------------------------------------------------------------- 1. P.V. PRASANTH, PADIYATHU HOUSE, SOUTH KORATTY POST, THRISSUR DISTRICT. 2. MADHUSOODHANAN C., S/O. ARAVINDAKSHAN NAIR, CHIRACKAL HOUSE, CHALAKUDY. 3. ORIENTAL INSURANCE COMPANY, CHALAKUDY. 4. ANTONY, VELIYATH HOUSE, KORATTY P.O. BY ADV. DR.ELIZABETH VARKEY - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 330 OF 2005 --------------------- Dated this the 9th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 287/95. The claimant, aged 55 years, sustained injuries in a motor vehicle accident as a result of which he had suffered fracture of the tibia. He was initially treated as an inpatient from 9.5.94 to 25.5.94 and was discharged with an advice to take rest for six months. He was readmitted on 12.9.94 and was discharged on 23.9.94. The claimant gave evidence to the effect that he had a monthly income of Rs.2,100/-. But the Tribunal took it as Rs.800/- and granted only four months loss of earning. Similarly, the Tribunal did not accept the disability as such but only considered 5% disability and calculated compensation. These are all matters which requires consideration at the hands of this court. 2. It is seen that the claimant would have been prevented from doing any work for a period of six months because he was advised to take rest and was readmitted in the hospital even after a period of four months. Therefore, it is only just to grant him six months actual loss of earning. The income taken is only Rs.800/-, which is not sufficient and atleast a notional income of Rs.1,250/- is to be taken. When it is done the difference would come to Rs.1,800/- for four months and an additional amount of Rs.2,500/- MACA No.330/05 2 for two more months. So far as disability is concerned, when 5% disability is taken and applying a multiplier of eight, the disability compensation would come to Rs.6,000/- out of which Rs.3,840/- is already granted. So the claimant is entitled to an additional compensation of Rs.2,160/-. Similarly it can be seen that he was treated as inpatient for more than 30 days on two occasions and there was treatment and buttness plating at the time of the first discharge. The Tribunal has only awarded a meager amount of Rs.4,000/- for pain and suffering which has to be enhanced atleast to Rs.7,000/- i.e. an additional amount of Rs.3,000/-. Thus the claimant will be entitled to an additional compensation of Rs.9,460/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,460/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.330/05 3