IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1288 of 2008() ----------------------- OPMV.867/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ------------------------------------- A.K.SREEVALSAN, AGED 34 YEARS, SON OF KARUNAKARA PILLAI, AYYANAKUZHIYIL HOUSE, KANJIRAMATTOM P.O., ERNAKULAM, PIN- 682315. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.MANJUSHA MOHANDAS SMT.ANILA PETER RESPONDENTS/RESPONDENTS: ------------------------ 1. RENI PETER, S/O PETER, PULINIKUM KALAYIL HOUSE, KOTHANALLOOR P.O., KOTTAYAM-686632. 2. GIGIMON XAVIER, S/O XAVIER, KUZHIVELIL HOUSE, ARUNOOTTIMANGALAM KARA, KADUTHURUTHY VILLAGE, KOTTAYAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, ERNAKULAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.1288 OF 2008 (E) ----------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in an accident on 10.6.2000. The Medical Board certified 35% disability and there was fracture of shaft left femur and left lateral tibial condyle. The tribunal accepted the certificate issued by the Medical Board and fixed 35% disability for calculating compensation. According to the claimants, his monthly income was Rs.2,000/-. That was also accepted by the tribunal. Only dispute is that he was 27 years old but only 17 is taken as the multiplier. It has been repeatedly held by the Supreme Court that multiplier fixed under the 2nd Schedule is only for guidance for claims under Section 166. The total amount awarded is Rs.4,33,846/- with 7.5% interest from the date of application till its deposit. We also note that for pain and sufferings, Rs.50,000/- was awarded. For loss of earning, MACA.1288/08 2 Rs.10,000/- is awarded and for loss of amenities also, Rs.10,000/- is awarded. Considering the total amount awarded, we are of the view that just and reasonable compensation is awarded and no interference is required at the instance of the claimant, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008