IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 M.A.C.A.No. 458 of 2005(C) ----------------------- OP(MV) NO.1084/1996 OP MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: --------------------- DILEEP, S/O.VELAYUDHAN, VETTIYADAN HOUSE, P.O.VARANDARAPPILLY, THRISSUR DIST. BY ADV. SRI.V.BINOY RAM RESPONDENTS/RESPONDENTS: ------------------------ 1. PRADEEP, S/O.VELAYUDHAN, VETTIYADAN HOUSE, P.O.VARANDARAPPILLY, THRISSUR DIST. 2. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., THRISSUR (BRANCH THRISSUR). BY ADV. SRI.P. MATHEWS JACOB - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 458 OF 2005 --------------------- Dated this the 30th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1084/96. The claimant, aged 24 years a gold smith by profession, sustained injuries in a road accident and the Tribunal had awarded him a compensation of Rs.47,000/-. It is against that decision the present appeal is filed by the claimant. 2. Heard the counsel appearing for both sides. A perusal of the award would reveal that the claimant had sustained a fracture of the shaft of femur. He had also a fracture and dislocation of the little toe besides other injuries on the foot and abdomen. He was treated as inpatient in the hospital from 16.9.96 to 8.10.96. Doctor fixed his disability at 8%. The Tribunal took his income at Rs.1,500, disability at 3% and calculated the compensation. 3. Learned counsel for the appellant would contend that considering the factum that he was a gold smith by profession, the income taken is too inadequate. Though he had claimed Rs.4,000/- there is nothing to establish the same. So considering the wage structure during the year 1996, I fix the income at Rs.1,750/- per month. Similarly the percentage of MACA No.458/05 2 disability calculated also appears to be on the lower side for the reason that he is a gold smith by profession and had sustained fracture of the of the femur besides fracture of the toe coupled with dislocation. Certainly it will affect his earning power. Therefore a minimum of 5% disability can be taken for the purpose of calculating compensation. When it is done, towards loss of earning he would be entitled to Rs.1,500/- i.e.(10,500- 9,000). When the disability compensation is fixed for 5% disability with an annual income of Rs.21,000/- it will come to Rs.1,050/- per year, which when multiplied by 17 will come to Rs.17,850. Since the Tribunal has awarded a compensation of Rs.9,180/- towards loss of earning, the difference will come to Rs.8,670/-. On all other heads the Tribunal has awarded adequate compensation. Therefore the claimant will be entitled to an additional compensation of Rs.10,170/-, which I round as Rs.10,200/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,200/- with 6% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.458/05 3