IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 MACA.No. 219 of 2005() --------------------------------- OPMV.710/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- UNNIKRISHNAN M.M. S/O. MOOLAKKATIL MANI, KONATHUKUNNU P.O., THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. G.L.GOHIL, C/O. VEERENDRA TRANSPORT COMPANY, 101, BHARATH CHAMBER, 52-C BARODA STREET, BOMBAY-400 009 (OWNER) 2. K.K.SAJU S/O. KANNANKUDAM KOCHAPPAN, VELLANGALLUR P.O., THRISSUR DISTRICT (DRIVER) 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., OFFICE NO.3, EMPIRE HOUSE, IIND FLOOR 214, O.N.ROAD, FORT BOMBAY. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 219 OF 2005 --------------------- Dated this the 11th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 710/96. The claimant, aged 35 years a coolie by profession, sustained injuries in a road accident as a result of which he had suffered lacerated wounds exposing the muscles over the lower end of right thigh extending over patella. A disability certificate was issued for 15%. The main difficulty noted is the numbness in right knee joint, pain and stiffness of right knee joint and difficulty in sitting cross legged and squatting. But unfortunately the claimant only claimed Rs.10,000/- towards permanent disability and Rs.10,000 towards loss of amenities and enjoyment in life. 2. It has now been held by the Apex court as well as other courts that the Tribunal is competent to give the compensation which is even higher that what is claimed in the case. There is always power for the Tribunal to give the compensation under one head or other. Here the total compensation claimed is Rs.50,000/-. Considering the fact that he is a labourer by profession, I feel atleast 7% can be taken as the percentage of disability. When Rs.18,000/- is taken as annual income the annual loss of earning would come to Rs.1,260/- which when multiplied by an appropriate MACA No.219/05 2 multiplier of 16 would come to Rs.20,160/-. Out of this, an amount of Rs.10,000/- had been awarded under the head of permanent disability and Rs.3,000/- under the head of loss of amenities. When it is deducted, the claimant will be entitled to an additional compensation of Rs.7,160/-. It can also be seen that the Tribunal has only awarded loss of earning for only one month for such a grievous injury. I feel another month's loss of earning has to be given i.e Rs.1,500/-. On all other heads, the Tribunal has awarded a just and reasonable compensation, which I do not propose to interfere. Therefore the claimant is entitled to an additional compensation of Rs.8,660/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,660/- 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.219/05 3