IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MFA.No. 442 of 2003() ------------------------------ OPMV.585/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER --------------------- T.SUNDARAN S/O. NARAYANAN AGED 46 YEARS, MUKALEL HOUSE, NELLIKKARA, POOTHADI POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS ------------------------ 1. MOOSA S/O. AHAMMED, AGED 21 YEARS, MURINHAKODEN HOUSE, KUPPADY POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. (DRIVER OF AUTORICHSHAW NO.KRD 3673) 2. RAYIN S/O. KUNJIMOHAMMED, PUTHUMADOM HOUSE, CHEERAL POST, SULTHAN BATHERY TALUK, WAYANAD DISTRICT 3. BRANCH MANAGER, M/S. UNITED INDIA INSURANCE CO. LTD., NOORANAL BUILDING, MYSORE ROAD, SULTHAN BATHERY, WAYAND DISTRICT (INSURER OF KRD 3673 AUTORICKSHAW, POLICY NO. 100311/31/60/11/100/93) BY ADV. SRI.P.R.RAMACHANDRA MENON FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 442 OF 2003 = = = = = = = = = = = = = = = Dated this the 23rd day of July, 2008. J U D G M E N T This appeal is preferred by the claimant for enhancement of compensation. The claimant, a barber by profession, aged 38 years, sustained injuries in a road accident. He was treated as an inpatient in the hospital and the Tribunal awarded him a total compensation of Rs.10,250/-. It also passed a preliminary award for Rs.12,000/- in his favour. It is against that decision the appeal is filed for enhancement. 2. At the out set I may like to state that the claimant will not be entitled to any interest, if at all the amount is enhanced for the reason that it was on his default there had been delay. 3. A perusal of the award would reveal that even in the year 2001, the Tribunal has taken the income of a barber MFA 442 of 2003 -2- at only Rs.700/- per month which is grossly inadequate. By any stretch of imagination it can be fixed at Rs.1,500/- per month and therefore for loss of earnings I grant an additional compensation of Rs.1,600/-. 4. The claimant has produced a disability certificate claiming 5% disability but neither the claimant nor the Doctor was examined. The Tribunal did not accept the disability certificate, it did not grant any compensation for loss of amenities as well. In order to have a proper calculation I fix the disability at 2% and when it is calculated at the rate of Rs.1,500/- per month, the actual loss of earnings would come to Rs.360 per year when multiplied by a multiplier of 16 it would come to Rs.5,760/-. So the claimant will be entitled to a additional compensation of Rs.7,360/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,360/-. The claimant will be entitled to interest on this amount only if MFA 442 of 2003 -3- there is a default by the insurance company to deposit the amount within a period of sixty days from today. If there is a failure to deposit the amount then he will be entitled to get the interest at the rate of 7% from today till realisation. M.N. KRISHNAN, JUDGE. ul/- MFA 442 of 2003 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 442 OF 2003 = = = = = = = = = = = J U D G M E N T 23rd July, 2008.