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 9TH JULY 2008 / 18TH ASHADHA 1930 MACA.No. 752 of 2003() ---------------------- OPMV.814/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- RAJAMMA, W/O. THAMPY, AGED 51, RESIDING AT KOLATHURUTHEL HOUSE, BADHARIPPADY BAGHOM, KUNNACKAL KARA, VALAKOM VILLAGE. BY ADV. SRI.K.JAJU BABU SMT.C.S.SHEEJA RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. THE MANAGING DIRECTOR, M/S. KAVERI PLASTIC LTD., VADAYAMPADY, PUTHENCRUZ. 2. PAULOSE, S/O. VARGHESE, KUNNEL HOUSE, KARUKAPPILLY, KOLENCHERY. 3. NATIONAL INSURANCE CO. LTD., KOLENCHERY. BY ADV. SRI.JOE KALLIATH, SC - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- M.A.C.A.No. 752 of 2003 B --------------------------------------------- Dated this the 9th day of July, 2008 J U D G M E N T Ramachandran Nair,J: Heard counsel appearing for the appellant and the counsel appearing for the Insurance Company. 2. We have also gone through the award. The appellant has sustained injury on account of the accident caused by the second respondent while driving maruti car which hit the appellant. We find that the compensation awarded under various heads is mostly in terms of the claim. However, we feel, some modification is called for in the compensation awarded for permanent disability and loss of earning. The appellant's counsel relied on the certificate issued by the Medical Board of the General Hospital, Ernakulam which certified the claimant's disability at 30%. However, the appellant was examined later by a Medical Board of the Medical College Hospital, Kottayam which certified the disability at 12%. MACA NO.752 OF 2003 :-2-: 3. Considering the conflicting report issued by the two medical boards, we feel, some enhancement is called for. Consequently, we refix the disability at 15%. Further, the appellant submits that the multiplier, considering the age of the appellant who was aged 48, is 13 as against 11. We therefore enhance the compensation payable to the appellant by applying 13 as the multiplier, to Rs.35,100/- from Rs.24,000/-. The appeal will stand allowed to the above extent. C.N.RAMACHANDRAN NAIR, Judge V.K.MOHANAN, Judge MBS/ MACA NO.752 OF 2003 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- I.T.A.NO. 81 OF 2000 ------------------------------------ J U D G M E N T MACA NO.752 OF 2003 :-4-: DATED:17-6-2008 MACA NO.752 OF 2003 :-5-: