IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 806 of 2004() --------------------------------- OPMV.774/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... PETITIONER/APPELLANT: ------------------ GEORGE THOMAS, VEERALASSARIL HOUSE, KADAMAKUZHI KARA, KATTAPPANA VILLAGE. BY ADV. SRI.C.K.VIDYASAGAR RESPONDENTS: RESPONDENTS: ------------------------- 1. THOMAS MATHEW @ VINCENT, S/O. MATHEW, ELAPPANICKAL, KADAMAKUZHY KARA,KATTAPPANA VILLAGE. 2. K.C.CHACKO, KADAPLACKAL, KARUMTHARUVI P.O., CHINNAR, IDUKKI DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. BY ADV. SRI.M.RAJAGOPALAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- M.A.C.A.No.806 OF 2004 --------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.774/1997. The claimant who sustained injuries in a road accident was awarded a total compensation of Rs.34,900/- by the Tribunal. It is aggrieved by that decision that the claimant has come up in appeal. 2. On a perusal of the award it would show that the claimant had sustained a fracture of both bones of the left forearm and was treated as an inpatient for 13 days and thereafter continued treatment for some other time. He was a mason by profession. The Tribunal did not accept the disability certificate issued by the doctor as such and awarded a compensation of Rs.7,500/- for permanent disability and Rs.5,000/- on other heads. Even if it is only a partial disability, the Tribunal could have taken 7% as the disability. If it is taken as 7% and the annual income as Rs.18,000/-, the annual loss of earning power would come to Rs.1,260/- applying a M.A.C.A.806/04 2 multiplier of 16, it would be Rs.20,160/-. Deducting Rs.12,500/- already granted, the claimant will be entitled to an additional compensation of Rs.7,660/- under that head. Similarly, the compensation awarded by the Tribunal for extra nourishment, bystander's expenses and medicine is inadequate. I enhance Rs.250/- for extra nourishment, Rs.500/- for bystander's expenses and Rs.1,000/- for medical expenses. So, the additional compensation would come to Rs.9,410/- which I round as Rs.9,400/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 9,400/- with 7% interest on the said sum from the date of the petition till realisation and the Insurance Company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. smp M.A.C.A.806/04 3 M.N.KRISHNAN, J. M.A.C.A.No. 806 OF 2004 J U D G M E N T 09.06.2008