IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 507 of 2005 ------------------------------- OPMV.461/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA ........................................ APPELLANT/PETITIONER IN OP (MV) ---------------------------------------------------- PRINCE, S/O.VARGHESE, MANADAN HOUSE, EAST CHALAKUDY VILLAGE AND P.O. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. S.BHASKER, BHAVANI CROSS ROAD, SANKARI WEST P.O., SALEM DISTRICT. 2. P.MATHAN, S/O.PALANI, KANGAPURAM P.O., CHITHODE (VIA) 161, SATHUR ROAD, ERODE. 3. THE ORIENTAL INSURANCE CO., IST FLOOR, KUMAR COMPLEX, 146 WEST CAR STREET, TIRUCHENGODE-637 211. 4. MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM. 5. ABRAHAM, S/O.JOHN, PADANILAM HOUSE, PERINGAVU, PUDUPPILLY, P.O.KOTTAYAM. ADV. JOHNSON P. JOHN- SC FOR KSRTC ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 507 OF 2005 = = = = = = = = = = = = = = = Dated this the 14th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)461/97. The claimant, an Asst. Professor of the Agricultural University sustained injuries in a road accident including fracture on account of which he sustained disability and the disability certificate issued fixed it at 10%. The Tribunal took his income at the time of accident at Rs.5,000/- per annum and awarded loss of earning for two months and had awarded a reasonable amount for medical expenses proved, Rs.7,500/- for pain and sufferings. The Tribunal awarded a sum of Rs.25,000/- for permanent disability and Rs.2,500/- towards loss of amenities and enjoyment in life. It is true that the claimant would not have suffered actual loss of earning till he attains the age of 55 which is the age of retirement. He may be able to do so some work after retirement also and the disability may cause handicap to him. Considering the M.A.C.A. 507 OF 2005 -:2:- disability extracted, that is, limitation of movement, difficulty to lift weight, to carry weight etc. it is only reasonable to fix the disability at a maximum of 7% in this case. Being a Professor if his income is taken at Rs.3,000/- after retirement for 7% disability the actual loss of earning would come to Rs.2,520/- per annum when it is multiplied by an appropriate multiplier of 8, it would come to Rs.20,160/-. It has to be remembered that an young man had sustained a fracture at the age of 27 and he has a long way to go and therefore certainly these difficulties may cause him loss of amenities and enjoyment in life especially when he is working as an Asst. Professor in Agricultural University which requires physical involvement as well. So I award Rs.15,000/- under that head. Therefore a consolidated amount under the head of permanent disability, loss of earning capacity plus loss of amenities and enjoyment in life would be Rs.35,160/- out of which the Tribunal has awarded Rs.27,500/-. Therefore, the claimant will be entitled to an additional compensation of Rs.7,660/-. It is found by the M.A.C.A. 507 OF 2005 -:3:- Tribunal that the insurance company as well as the K.S.R.T.C. are liable equally and therefore the appeal is disposed of as follows. The claimant is awarded an additional compensation of Rs.7,660/- with 6% interest on the said sum from the date of petition till realisation and the 3rd respondent, insurance company and the 4th respondent K.S.R.T.C. are directed to deposit 50% of the amount each within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-