IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 MACA.No. 1798 of 2010() ------------------------------------- OPMV.89/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------------------------ MR. VALSALAN , S/O.VELAYUDHAN, VAILOPPILLY HOUSE,KORUMBISSERY DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENT ---------------------------------------------- 1. MRS.A.M.HAJARA, W/O.K.M.KUNJAHAMMED, KOOVAKATTAYIL HOUSE, PO.PULLUR, VADAKKEKKAD, THRISSUR DISTRICT-680 683. 2. MR.SURESH BABU, S/O.MADHAVAN, VADASSERY (H),NJAMANAGAD DESOM(PO),(VIA) KUNNAMKULAM,VAYYANNUR VILLAGE-680 503. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD, BRANCH OFFICE, JYOTHI SUPER BAZAAR, THODUPUZHA-685 584. R1 & R2 BY ADVS.SRI.HARISANKAR V. MENON, SMT.MEERA V.MENON, SRI.MAHESH V.MENON. R3 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1798 OF 2010 = = = = = = = = = = = = = = = Dated this the 21st day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)89/07. The claimant, a painter by profession, sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.62,850/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the respondents. A perusal of the award would show that the claimant had sustained fracture on both bones of leg and also a fracture on the right humerus. He was initially treated in the Medical College Hospital, Thrissur and thereafter he was again admitted in January, 2007 in Government Hospital for seven days. He was also treated in Al-Iqbal hospital Chentrappinni. A disability certificate of 16% had been produced. But unfortunately the claimant has not been examined. But the Court itself has observed that he had M.A.C.A. 1798 OF 2010 -:2:- been examined in open Court and that there is considerable loss of muscle strength on both the legs and both the legs are very weak in appearance. The Court also found that there is difficulty for him to walk properly. But the Court decided the whole body disability as 8% and proceeded to fix the compensation taking the income at Rs.2,000/-. Considering the fact that he is a painter by profession who has got a weak leg and coupled with a fracture on the humerus I think a disability of 10% can be easily taken and being a painter by profession a minimum of Rs.3,000/- can be taken as income. As per Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the multiplier to be applied is 13 and therefore the disability compensation would come to Rs.46,800/-(36,000 x 10/100 x 13). The Tribunal has already awarded a compensation of Rs.25,000/- and therefore the claimant will be entitled to an additional compensation of Rs.21,800/- under the head of disability. When loss of earning is taken at Rs.3,000/- per month, for four months it has to be raised by Rs.4,000/- and M.A.C.A. 1798 OF 2010 -:3:- under that head he is entitled to that compensation as well. On all other heads the Tribunal has awarded a reasonable compensation and that does not call for any interference. So the claimant is entitled to an additional compensation of Rs.25,800/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.25,800/- with 7% interest on the said sum from the date 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/-