IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 2712 of 2009() ----------------------- OPMV.402/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S): PETITIONER: --------------------------------------------- K.V. ASHRAF, S/O. ABOOBACKER, KUNNATH VALAPPIL HOUSE, KALPETTA POST, MUNDERI, VYTHIRI TALUK, WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S): RESPONDENT NO.3: ----------------------------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., MUNICIPAL T.B. SHOPPING COMPLEX, M.G. ROAD, THALASSERY. BY ADV. MR.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.2712 OF 2009 ............................................. Dated this the 24th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Kalpetta in OP(MV)No.402/2000. The claimant, a 24 year old young man sustained injuries in a road accident, as a result of which, he had sustained serious injuries on the spine and contusion on the left thigh. He was referred to a medical board and Ext.C1 issued by the medical board would reveal that he has got a permanent disability at 15%. The tribunal accepted the disability, fixed the income at Rs.2,100/=, applied a multiplier of 17 and arrived at a disability compensation of Rs.64,260/=. 2. As per the decision of the Apex Court in the decision reported in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), the appropriate multiplier for the age of 24 has to be 18 and if it is done, the claimant will be entitled to an additional compensation of Rs.3,780/= under that head. When a person sustains serious injury on the spine which had resulted in disability of 15% certainly he : 2 : M.A.C.A. No.2712 OF 2009 would not have been in a position to do any work for 5 months. The tribunal has only granted it for one month. So under that head, I award Rs.8,000/=. The tribunal has only awarded Rs.5,000/= for pain and sufferings for such a serious injury, which is grossly inadequate. I award him a further sum of Rs.7,000/= considering his excruciating pain which he would have undergone. Similarly no amount is seen awarded for loss of amenities and enjoyment in life. I award him Rs.3,000/= under that head. 3. Therefore the claimant will be entitled to an additional compensation of Rs.21,780/= with 7% interest on the said amount from the date of petition till 23.1.2008 and again from 28.8.2009 till realistion. The respondent 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. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A. No.2712 OF 2009 : 4 : M.A.C.A. No.2712 OF 2009