IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 854 of 2007() ---------------------- OPMV.832/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- K.P.JAYARAJAN,AGED 33 YEARS, S/O.KUNJUTTY,PULPARAMBIL HOUSE. TEHIPALAM,PO KOHINOOR,MALAPPURAM DISTRICT, PIN: 673636. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): RESPONDENTS -------------------------- 1. VIPINDAS S/O.MOHAN,CHUNGAPALI HOUSE, KUTTANELUR,PO MOONAMPADI, MALAPPURAM 673636. 2. WILLINGTON S/O.SURAS WILSON,CHANGNAM CHERVAYAL HOUSE,PO ERANHIPALAM,KOZHIKODE 673006. 3. THE NEW INDIA ASSURANCE CO LTD., MALIYAKKAL BUILDING,IST FLOOR, MANJERI ROAD,MALAPPURAM. ADV. SRI.LAL GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ----------------------------------------------- M.A.C.A. No. 854 of 2007 --------------------------------------------- Dated, this the 13th day of November, 2009 J U D G M E N T P.R. Raman, J. Appeal by the claimant who was injured in a motor accident. He was aged 31 years at the time of accident. He was driving the motor cycle bearing No. KL-10 P-1942 through Kozhikode-Thrissur public road in the morning hours at 7 a.m. When reached at the place Puthanathani, a lorry bearing No. KL-7 U-4930 gave a sudden turn towards the petrol pump on the side of the road without giving any signal. As a result, the lorry hit on the motor cycle and the petitioner fell down and sustained injuries. The second respondent was the driver of the lorry. It was alleged that the accident occurred due to the negligence of the driver of the lorry. 2. The Tribunal found that the negligence was in the part of the lorry driver. As against the claim for an amount of Rs.1,59,500/- as compensation, the Tribunal awarded an amount of Rs.28,000/- in all under various heads. Aggrieved by the inadequacy of the compensation this appeal is filed for enhancement. MACA. No. 854 of 2007 2 3. Heard both sides. The medical Board certified 10% disability as evidenced by Ext.A17 but no compensation is seen awarded towards disability. No reasons are stated for not awarding the compensation. Considering the nature of the injury sustained and based on the certificate issued from the Medical Board, we find that the appellant is entitled for compensation towards disability. Considering the age of the appellant, the compensation can be worked out taking 17 as the multiplier. So worked out a sum of Rs.61,200/- is payable under this head. Though it was contended that the compensation under other heads are also inadequate we have considered the same and find that the compensation has been awarded under all other heads reasonably and do not require any modification. In the result, the appeal is allowed awarding a sum of Rs.61,200/- as additional compensation, which will carry interest at the rate of 7% from the date of petition till payment. No cost. P.R. RAMAN, JUDGE P. R. RAMACHANDRA MENON, JUDGE dnc