IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MACA.No. 1375 of 2004() ----------------------- OPMV.1519/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: ------------------------------------- VIKRAMAN, S/O. CHELLAPPAN, NIKUNJAN ARIKKADAMUKKU, PRAVACHAMBALAN, NEMOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: ------------- 1. M. SIVAKUMAR, S/O. MURUGHESH, 881/A KURUPPANAM STREET, WARD 4, S.R.S. ILLAM, THUMMICHAMPATTY, ODDANCHAKRAN P.O., T.V. SUNDARAN IYENGAR SONS, MADKURAI, TAMIL NADU. 2. BUVATHY, S/O. SURULI, MUTHURAMAN COIL THARUVU, THUMMICHAMPATTY VILLAGE, OTTACHANKRAM TALUK, DINDIKKAL DISTRICT, TAMIL NADU. 3. THE MANAGER, THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE-720 903, DR.THIRUMALAI PLAZA (1ST FLOOR) 82, NEW DHARMAPURAM ROAD, PLANI-624 601. BY ADV. SRI.KKM.SHERIF FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1375 OF 2004 --------------------- Dated this the 17th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 1519/98. the claimant, a UD Clerk employed in the employment directorate sustained injuries in a road accident. He had abrasions and lacerated wounds besides fracture of the carpel and a compound fracture on the base of the ring finger and fracture of the metacarpel on the left side. The Tribunal awarded a total compensation of Rs.50,250/-, which takes in Rs.20,000/- as compensation for loss of amenities and enjoyment in life. 2. Learned counsel would contend that the Tribunal should have certainly fixed some disability compensation. But, unfortunately no document was produced before the Tribunal to fix the disability. Learned counsel would further contend that atleast 10% disability must be taken. 3. It is true that after retirement he would not be in a position to do some work as he wants for the reason that the permanent disability can cause him difficulty. As suggested by the MACA No.1375/04 2 counsel, if 10% disability is taken and his income after retirement is fixed at Rs.2,000/-, then the annual loss of earning will be Rs.2,400/- and applying a multiplier of 8 it will come to Rs.19,200/-. When disability compensation is awarded necessarily the court cannot grant that much of amount for loss of amenities for the reason that in this case while the court granted loss of amenities it has taken into consideration all aspects. Therefore, there can only be a further nominal advancement. Therefore, I feel it is a fit case where an amount of Rs.5,000/- more can be awarded under the head of permanent disability plus loss of amenities and enjoyment in life. On all other head there is adequate compensation. The appellant will be entitled to an additional compensation of Rs.5,000/-. Therefore, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1375/04 3 MACA No.1375/04 4 MACA No.1375/04 5