IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 MACA.No. 1179 of 2011 ----------------------- OPMV.22/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: PETITIONER ------------------------ BAIJU ABRAHAM,S/O.ABRAHAM, MUNDAKKAL HOUSE, PALAKUZHY PO, PALAKKAD. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: --------------- 1. JOBY GEORGE,S/O.GEORGE,POOKKOTTU HOUSE, KANNARA PO,THRISSUR 680 652. 2. VARGHESE @ BIJU,S/O.VARGHESE, AATTINKUZHI HOUSE,PANANCHERY,KANNARA,THRISSUR 680 652. 3. NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, KOLLANUR DEVASSY SMARAKA BUILDING, ROUND NORTH,THRISSUR 680 001. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1179 OF 2011 ============================ Dated this the 8th day of August 2011 JUDGMENT R.Basant, J. The claimant is the appellant. He claimed compensation for injuries suffered by him in a motor accident which took place on 20/3/2003. Against a total claim of Rs.1,50,000/-, the Tribunal awarded an amount of Rs.1,39,000/- as compensation as per the details given below: Sl No. Head of claim amount claimed Amount awarded Basis vital details in a nut shell 1 Loss of earning(total) 36000/- 17,500/- (2500x7) 2 Loss of earning(partial) 4000 3 Medical and miscellaneous expenses 20,000/- 18820/- 4 Future treatment 5 Bystander expenses 5000/- 4,000/- 6 Transportation expenses 4000/- 3,000/- 7 Extra nourishment 2500/- 3,000/- 8 Damage to clothing 500 500/- 9 pain and suffering 25,000/- 20,000/- MACA 1179/2011 2 Sl No. Head of claim amount claimed Amount awarded Basis vital details in a nut shell 10 Disability loss of earning power loss of amenities Total Limited to 55000/- 1,50,000 72000 (2500x12x16x1 5/100) 1,38,820/- Rounded off to Rs.1,39,000/- 2. The appellant claims to be aggrieved by the impugned award. Called upon to explain and be specific, the learned counsel for the appellant submits that the Tribunal erred in reckoning only 15% as extent of physical disability. The learned counsel for the appellant submits that though Ext.A9 certificate showed disability to the tune of 29%, the Tribunal erred in accepting only 15 as the extent of disability. Non-union of left humerus with 30% atrophic rigidity and stiffness of the left shoulder joint are the instances of disability certified in Ext.A9. That certificate issued by a private medical practitioner was not strictly proved also. The Tribunal accepted only 15% as the reduction in earning capacity. However, the Tribunal reckoned 16 as the multiplier, though as per the dictum in Sarla Verma.v. MACA 1179/2011 3 Delhi Tranport corporation[(2009) 6 S.C.C.121] 15 is the proper multiplier applicable to the persons belonging to the age group of 35-40 years. We are not persuaded to agree that the amount awarded under any head deserves appellate interference. In awarding an amount of Rs.1,39,000/- along with interest and costs, against a claim of Rs.1,50,000/-, the Tribunal has acted fairly and justly, we are satisfied. We are not persuaded in the facts and circumstances of this case that any appellate interference is warranted invoking our jurisdiction under Section 173 of the Motor Vehicles Act. This appeal is, in these circumstances, dismissed. Sd/- R.BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE MACA 1179/2011 4