IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 MACA.No. 54 of 2008() --------------------------------- OPMV.726/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT: ----------------------------------- SUSHEENDRAN, S/O. VELUKUTTY, AGED 43 YEARS, RESIDING AT KARTHIKA BHAVAN, POONKODE, BHAGAVATHINADA, THIRUVANANTHAPURAM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. C. RAJENDRAN, S/O. CHAKRAPANI, TC.79/1906, NEAR HIGH SCHOOL KARIKKOM, BEACH P.O., THIRUVANANTHAPURAM. 2. M/S. ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM. R2 BY ADV. DR.ELIZABETH VARKEY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 54 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 726/02. The claimant, a labourer by profession, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.41,000/-. It is against that decision the the claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that the claimant had sustained a fracture on the radius and he had been treated conservatively by the doctors. A disability certificate of 8% was produced but the Tribunal accepted it as 4%. Neither the claimant nor the doctor was examined. Since it was only a conservative treatment the Court found that 4% disability will suffice. I agree with the learned Tribunal on that. But for a labourer aged 38 years income should have been taken at Rs.2,500/- in stead of Rs.2,000/-. When it is so, for loss of earnings for two months Rs.1,000/- M.A.C.A. 54 OF 2008 -:2:- more has to be awarded. If the income is taken at Rs.2,500/- and the percentage of disability at 4% and a multiplier of 16, the disability compensation would come to Rs.19,200/-. Out of this Rs.15,350/- is already awarded. So the claimant will be entitled to an additional compensation of Rs.3,840/- towards permanent disability. I also award a sum Rs.1,160/- towards loss of amenities thus making the total additional compensation at Rs.6,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-