IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 MACA.No. 1267 of 2004() ----------------------- (AGAINST THE AWARD DATED 27/01/2004 IN OPMV.141/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT(S): APPELLANTS/PETITIOENRS IN M.V.O.P. ------------------------------------------------ P.V.DINESH, S/O.P.K.VIJAYAN, PALLIAMPURATH HOUSE, EDAKULAM P.O. IRINJALAKUDA 680 121. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): RESPONDENTS. IN M.V.O.P. --------------------------------------- 1. SANTHOSH, S/O.VASU, KANDAMANGALATH HOUSE ELAMAKKARA VILLAGE, EDAPPILLY TALUK. 2. MARY JOSEPH, W/O.JOSEPH, VALLAPURAKKAL HOUSE, ELAMAKKARA P.O. ERNAKULAM. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., PAULSON BUILDING, S/KALAMASSERY, KOCHI. 4. P.V.DILEEP, S/O.VELAPPAKUTTY, PATTILAPPURATH HOUSE, P.O.EDAKULAM 680 121. 5. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., ALENGADAN BUILDINGS, IRNJALAKUDA. ADV. SRI.SHAJI P.CHALY FOR R2 SRI.S.MAMMU FOR R3 SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------- M.A.C.A.No.1267 of 2004 --------------------------------- Dated, this the 30th day of September, 2008 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.(M.V.) No.141/1997. The petition was one for compensation under Section 163A of the Motor Vehicles Act. On account of the accident, the claimant sustained fracture of third right metacarpel and he was assessed to have 3% permanent disability. The Tribunal found that it will be a disability that would come under the Explanation to Section 163A of the Motor Vehicles Act to award compensation. He was an agriculturalist by profession. But the Tribunal took his income only at Rs.1,500/-. The learned counsel would contend that his income was more than that and the Tribunal should have taken an income of Rs.3,500/-. Considering the year of accident, I take the income at Rs.2,000/- to work out the compensation. Towards actual loss of earning for three M.A.C.A.No.1267/2004 -2- months, he will be entitled to get Rs.1,500/- more. Towa s permanent disability he will be entitled to Rs.12 960/-, which after deducting Rs.9,720/- already grant d, would come to Rs.3,240/-. Over and above this, only n expense of Rs.500/- is given towards medical expen es, which is inadequate. He was treated as a inpat ent in the hospital for ten days. I, therefore, award a furth r sum of Rs.1,000/- under that head. The claimant will e, therefore, entitled to an additional compensation of Rs.5, 40/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,740/- with 6% interest on the said sum from the date of petition till date of realization. The respondent Insurance Company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of this judgment. (M.N.KRISHNAN, JUDGE) jg