IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 658 of 2006() -------------------------------- OPMV.701/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER. -------------------------------------- VINOD, S/O. AYYAPPANKUTTY, VELAKKUPURATH HOUSE, PARAKKADAVU P.O., KURUMASSERY, ERNAKULAM. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS/ RESPONDENTS. ----------------------------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C., THIRUVANANTHAPURAM. * 2. KRISHNA KUMAR K., S/O. BALAN NAIR, MADATHITHODI HOUSE, MAKKARAPARAMBU, MALAPPURAM, (* R2 IS DELETED) * (R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 16/01/08 IN I.A.73/08.) BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 658 OF 2006 --------------------- Dated this the 16th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 701/00. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.55,597/-/- with 6% interest. Aggrieved by the said decision, the claimant has come up in appeal. 2. Heard the counsel for both sides. A reading of the award would show that the Tribunal has considered the compensation to be awarded under all heads. Learned counsel would submit that being a carpenter by profession the Tribunal has erred in fixing the income only at Rs.1,500/-. The Tribunal did not accept the case of the claimant that he is having a monthly income of Rs.5,000/-. Considering the fact that the carpenters are very costly now a days and relating back it to the year 1999, I feel a nominal increase can MACA No.658/06 2 be taken for the purpose of calculating the compensation. I fix it at Rs.1,750/-. So the annual income will be Rs.21,000/-. The disability is calculated at 8% and applying the appropriate multiplier of 18 will make it Rs.30,240/-. The Tribunal has already awarded Rs.25,920/-. So the difference comes to Rs.4,320/-. Similarly for four months loss of earning an amount of Rs.1,000/- has to be enhanced. The Tribunal has given only Rs.9,000/- for pain and suffering, which I round as Rs.10,000/-. So the claimant will be entitled to a compensation of Rs.6,320/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.6,320/- with 7% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.658/06 3 MACA No.658/06 4 MACA No.658/06 5