IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 1004 of 2004() ---------------------------------- O.P.(MV)No.1467/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR APPELLANT/PETITIONER: -------------------------------------- GEORGE.O. THETTAYL, S/O. OUSEPH, THETTAYIL HOUSE, VENGOOR KARA, ANGAMALY. BY ADV. SRI.JOSE THETTAYIL RESPONDENTS: RESPONDENTS: ---------------------------------------------- 1. SRI. E.P. SAMUAL, EDACHERI HOUSE, ANGAMALY-683 572. 2. YACOB, S/O. VARGHESE, KOORAN HOUSE, ANGAMALY. 3. THE UNITED INDIA INSURANCE CO.LTD., ALUVA. ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1004 OF 2004 --------------------- Dated this the 23rd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 1467/97. The claimant, aged 44 years employed as a Manager in a private company, sustained injuries in a road accident. A perusal of the award would show that he had sustained fracture of his wrist. Documents were produced to show that he was having a salary of Rs.3,100/-. But the Tribunal rejected it on the ground that PW2 deposed that it is the document alone which is the basis and no other documents are available. 2. A 44 year old man working as a manager would not have worked for a meager salary of Rs.1,500/-. So I fixed his income at Rs.3,000/-. For two months' loss of earning therefore, the claimant will be entitled to an additional compensation of Rs.3,000/-. It is true that a disability certificate is produced and the Doctor has been examined. A perusal of the disability certificate does not show that he has a permanent disability and further it is not known on what basis the assessment is made. But it all appears to be of a nature affecting him. But the Doctor has explained about the difficulties undergone by the claimant. So if the disability is taken at 5% and compensation is worked out it will be as follows. The claimant would not have suffered any loss of earning till the MACA No.1004/04 2 age of retirement i.e. atleast 55 years. Thereafter he would have earned atleast Rs.2,000/- from outside. When it is calculated using 8 as the multiplier, he will be entitled to a sum of Rs.9,600/- out of which Rs.8,100/- is already granted. So he is entitled to Rs.1,500/- more. The Tribunal has awarded Rs.5,000/- towards loss of amenities and enjoyment in life. Since the disability compensation is fixed only after the age of 55, some more compensation has to be given for the period till he reaches the age of retirement. I enhance that amount by Rs.2,000/-. Therefore the claimant is entitled to an additional compensation of Rs.2,000/- under that head. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,500/- with 7 % interest on the said sum from the date of petition till realisation. 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.1004/04 3