IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 MACA.No. 739 of 2004() ---------------------- OPMV.176/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ K.C.VINESH, AGED 24 YEARS, S/O. K.J.CHACKO, KAVUMPADATH HOUSE, KADALMADU P.O. THOMATTUCHAL VILLAGE, BATHERY TALUK. BY ADV. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. P.V.JOHNY, S/O. VARKEY, PUNNACKAPADAVIL HOUSE, THOMMATTUCHAL P.O. AMBALAVAYAL. 2. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., M.G.T. BUILDINGS, KALPETTA, WAYANAD. BY ADV. SRI.P.MURALEEDHARAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 739 OF 2004 --------------------- Dated this the 18th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 176/97. A boy aged 17 years sustained injuries in a road accident as a result of which he had sustained fracture of two teeth and there is a further disability of hearing capacity to a tune of 25%. The Tribunal awarded him an amount of Rs.19,250/-. 2. The Tribunal itself in para 8 of the award has stated that the boy has sustained a permanent impairment of hearing to a tune of 25% and that had affected his earning capacity and amenities of life of the petitioner. Tribunal also held that it was quite natural and probable that he will be able to do some work for 45 years. It further observed that this disability may stand in the way of the petitioner in getting any employment in services in Army, Navy etc. But, after all these discussions, the Tribunal suddenly jumped into the conclusion whereby it awarded a consolidated sum of Rs.10,000/- under the head of permanent disability and loss of amenities. This appears to be an incorrect approach. It is true that 25% is with respect to a particular portion that is regarding the ear. If 1/3rd is taken as the permanent disability of the whole body and compensation is worked out, the claimant will be entitled to a some compensation. The Tribunal MACA No.739/04 2 has held that the income can be taken as Rs.2,500/-. But there is no basis for the same that too in a case of accident, which had taken place as early as in 1994. Therefore, I feel Rs.1,500/- per mensum will be sufficient for the purpose of calculating the permanent disability compensation. When it is so, the loss of earning capacity at 8% will be Rs.1,440/- per year. If a multiplier of 17 is used, the total amount will come to Rs.24,480/-. The Tribunal has award a compensation of Rs.10,000/- under that head. Therefore, the claimant will be entitled to an additional compensation of Rs.14,480/-. The Tribunal has only awarded a sum of Rs.5,000/- towards pain and suffering, which I also feel is inadequate considering the factum of the injuries sustained to the vital parts of the body i.e. face and head. Therefore, I increase the amount awarded by Rs.2,000/-. Therefore, the claimant will be entitled to an additional compensation of Rs.16,480/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.16,480/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.739/04 3 MACA No.739/04 4 MACA No.739/04 5