IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 774 of 2003() ---------------------- OPMV.3454/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER : --------------------------------------- SHAJU MATHEW, AGED 35 YEARS, S/O. MATHEW, MANJUSHA HOUSE, AYYAPPANKAVU, ERNAKULAM. BY ADV. SRI.J.MATHAPPAN RESPONDENTS: RESPONDENTS: ------------------------- 1. NASSAR, S/O. ABDUL VAHID, 4/110, MANGALAVALLI, VADUKAN KALI PALAYAM VILLAGE, PALLADAM TALUK, COIMBATORE DISTRICT, TAMILNADU. 2. P. RAMASWAMY, S/O. PARAMASIVAN, 26 PALANIYAPPAN LAYOUT, M.D. PURAM, METTUPPALAYAM, TAMILNADU. 3. NATIONAL INSURANCE COMPANY LIMITED METTUPALAYAM BRANCH, RVR BUILDINGS (1ST FLOOR) BY ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 774 OF 2003 -------------------------------------------- Dated this the 25th day of June, 2008 JUDGMENT Ramachandran Nair,J. Heard Sri. Ajino Mathappan, counsel appearing for the appellant, and standing counsel appearing for the insurance company. The appellant at the time of accident was only 26 years of age employed as a sales executive drawing a salary of Rs. 4000/-. He met with a motor vehicle accident which led to fracture of his leg and left clavicle bone. He underwent protracted treatment in two hospitals including a specialist hospital at Coimbatore. According to the appellant, compensation is not awarded under various heads claimed by him. On the other hand, counsel for the insurance company submitted that the Tribunal has awarded reasonable compensation under all heads and the total amount awarded is Rs. 3,43,200/- with interest and insurance company deposited the entire amount of Rs. 6,13,038/-. We find from the award that around Rs. 2 lakhs was spent by the appellant for treatment and the actual amount received by him including interest is a 2 little over Rs. 4 lakhs. The contention of the appellant is that the multiplier applied is only 10 as against 18 applicable for permanent disability. However, counsel for the insurance company submitted that disability is not permanent in nature as contemplated under Section 142 of the Motor Vehicles Act. Even though disability certificate issued shows partial permanent disability, we do not think any modification of the award is required because the claim of earning put forward by the appellant was accepted as such by the Tribunal. However, having regard to the injuries sustained by a youngman and his long sufferings on account of disability, we feel the compensation awarded for loss of amenities and enjoyment in life at Rs. 20,000/- is very low. We increase this compensation to Rs. 50,000/-. The insurance company will pay additional compensation of Rs. 30,000/- with interest at the rate of 7.5 per cent without any delay. Appeal stands allowed to the extent indicated above. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3