IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 1195 of 2004() ---------------------------------- O.P.(MV).3/98 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD. APPELLANT/PETITIONER: -------------------------------------- NARAYANAN, S/O. PARANGODAN, ATHIKKODE, PANAYUR (P.O), CHITTUR TALUK, PALAKKAD. BY ADV. SRI.A.R.GANGADAS RESPONDENTS/ RESPONDENT: --------------------------------------------- 1. VARGHESE PAUL, SON OF AND AGE NOT KNOWN, C/O. K.KRISHNAN, S/O. KITTU, MUDUPALANI KALAM, MUTHALAMADA, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT. 2. K.KRISHNAN, S/O. KITTU, MUDAPALANIKALAM, MUTHALAMADA, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., G.B.ROAD, PALAKKAD. BY ADV. SRI.RAJESH THOMAS - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1195 OF 2004 = = = = = = = = = = = = = = = Dated this the 13th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)3/98. The claimant who was aged 53 years and a mason by profession sustained injuries in a road accident. He had fracture of the neck of the right humerus and the Doctor fixed his disability at 13%. The Tribunal took only 6%, fixed his income at Rs.1,500/-, applied a multiplier of 8 and calculated the compensation. It can be seen from the documents that he is suffering from other ailments as well which has no nexus with the accident and that has not been approved by the Tribunal as well. But being a mason by profession and when there is an injury on the neck of the humerus certainly it will affect his working capacity and therefore the Tribunal should have at least adopted 8% disability for calculating the compensation. Similarly, for that age the multiplier is not 8 M.A.C.A. 1195 OF 2004 -:2:- and it must be 11, i.e., between the age of 50 and 55 years. So compensation is recalculated on that basis. The annual loss of earning capacity will be Rs.1,440/- and when multiplier of 11 is taken it will be Rs.15,840/- deducting the amount already awarded it will come to Rs.7,200/-. It is true that loss of earning power and permanent disability cannot be separately granted because, necessarily, there will be overlapping. But loss of amenities and enjoyment in life which is a factor has to be taken note of by the Court. A mason who has suffered an injury in the hand will have practical difficulties not only in his daily avocation but also in his day-today routine life. Therefore I grant him an amount for Rs.3,000/- under that head. Therefore the claimant will be entitled to a compensation of Rs.10,200/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,200/- with 7% interest on the said sum from the date M.A.C.A. 1195 OF 2004 -:3:- of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-