IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 MACA.No. 64 of 2006() --------------------- OPMV.675/1977 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- P.V. BEERANKOYA, AGED 46 YEARS, S/O. AHAMMEDKUTTY, PUTHEN VEETTIL HOUSE, KANNIPARAMBA P.O., VIA MAVOOR, KOZHIKODE-673 661. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): ------------------------- 1. V. ABOOBACKER, S/O. BEERANKUTTY, MUJEEB MANZIL, NANADY THAZHATHU HOUSE, GURUVAYURAPPAN COLLEGE P.O., KOZHIKODE. 2. M/S. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, IIND FLOOR, SELMA TOWER, MAVOOR ROAD, KOZHIKODE. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. ----------------------------------------- M.A.C.A NO.64 OF 2006 ---------------------------------------- Dated this the 3rd day of February, 2011. JUDGMENT A.K.BASHEER, J. Appellant had sustained the following injuries in a road traffic accident that occurred on December 27, 1996: a) Lacerated wound on the forehead, over the chin. b) Fracture of neck of femur left and shaft of femur left. c) Fracture tibia left and fibula left. 2. According to the appellant he was working as a helper in the Boiler in M/s. Grasim Industries Ltd., Mavoor and earning a monthly salary of ` 3,152/-. He further contended that he had undergone treatment as inpatient for 58 days in various spells. He produced Exts.A1 to A12 documents to substantiate his claim. Ext.X1 certificate issued by the Medical Board attached to the Medical College Hospital, Kozhikode was also produced to prove his permanent disability. 3. The Tribunal, after considering the documentary evidence available on record, awarded a sum of `.68,100/- towards compensation with 6% interest thereon and directed the M.A.C.A NO.64 OF 2006 2 Insurance Company to pay the same. The above award is under challenge in this appeal. 4. It is contended by the learned counsel for the appellant/claimant that the award is too meagre and inadequate, considering the nature of the injuries sustained by the claimant and also the prolonged treatment that he had undergone. 5. We have carefully perused the materials available on record. It is seen from the award that the Tribunal has awarded only a sum of ` 19,500/- under the head of permanent disability accepting the percentage of disability (10%) as assessed by the board and also applying the multiplier of 13. In our view the monthly salary of the appellant can be reckoned as ` 3,000/- and applying the multiplier of 13 and permanent disability of 10% as assessed by the Medical Board the compensation under the above head can be re-calculated, thus 3,000x12x13x10/100=46,800/-. 6. The Tribunal has not awarded any amount under the head of loss of amenities. In our view the appellant has to be awarded a sum of ` 15,000/- under this head. Similarly the Tribunal has awarded only ` 10,800/- under the head of loss of earnings. In the nature of the prolonged treatment and the leave availed of by the appellant, we are of the view that appellant can M.A.C.A NO.64 OF 2006 3 be awarded a sum of ` 18,000/- (3000 x 6 months). Thus the appellant is entitled to get a sum of ` 49,500/- as additional compensation. The appellant shall be entitled to get interest at the rate of 7.5% on the entire amount of compensation. In all other respects the award passed by the Tribunal is sustained. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mns