IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 MACA.No. 76 of 2003(C) (OP. (MV) NO. 2330 OF 1999 OF MACT, TRICHUR) ---------------------- APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- KANNAN S/O. PAZHANI, KOTAMPATTA HOUSE, P.O.MELARKODE, PALGHAT DISTRICT BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MOIDEEN.M., MACHINGAL HOUSE, PALAPETTY P.O., PONNANI 2. RAFEEQUE S/O. KUNJUMON, CHANDANATH HOUSE, CHERAI P.O., PUNNAYOUKULAM. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, THRISSUR. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 76 OF 2003 -------------------------------------------- Dated this the 21st day of August, 2009 JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is in appeal seeking enhancement of the compensation awarded. He sustained injuries when a Tempo Van knocked down him while he was working through the public road. The appellant sustained severe injuries including fracture of vertebrae. He had prolonged treatment. The injuries sustained had resulted in causing permanent disability which is assessed in Ext.A5 certificate as 20%. 2. Heard the learned counsel for the appellant and standing counsel for the third respondent-insurance company. It is contended that even after the Tribunal accepting his monthly income as Rs. 1750/-, the compensation under the head of permanent disability and loss of earning power was not calculated adopting the multiplier method and accepting the percentage of disability. It is also contended that the Tribunal had failed to award any amount towards compensation for loss of amenities and enjoyment in life. 2 3. On consideration of the evidence on record, we are inclined to accept the contention that the compensation for disability ought to have been calculated on the basis of multiplier method. Considering the monthly income of the appellant at Rs. 1,750/- and adopting the multiplier of 17, compensation for permanent disability at 20% will work out to Rs. 71,400/-. This will entitle the appellant to enhanced compensation of Rs. 46,400/- under that head. We are inclined to award an amount of Rs. 15,000/- towards loss of amenities and enjoyment in life. Thus the appellant is entitled to an additional compensation of Rs. 61,400/-. In the result, the appeal is partly allowed enhancing the total compensation by an additional sum of Rs. 61,400/- which will carry interest at the same rate as awarded by the Tribunal from the date of the Claim Petition till payment. The third respondent-insurance company is directed to make payment of the amount within a period of three months. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 3