IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 M.A.C.A.No. 535 of 2007(F) ---------------------- OP(MV) NO.1105/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ---------------------- JOSE, VALIYAVELICHATHU HOUSE, POOZHYCOL P.O., KADUTHURUTHY. BY ADV. SRI.T.K.KOSHY RESPONDENTS/ RESPONDENTS ------------------------ 1. CHACKO, VALIYAVELICHATHU HOUSE, MEMURY KARA, MANJOOR VILLAGE, VAIKOM, KOTTAYAM DISTRICT. 2. THE NATIONAL INSURANCE CO. LTD., THRIPUNITHURA. BY ADV. SRI.P.JAYASANKAR -R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J ===================== MACA No.535 OF 2007 ===================== Dated this the 15th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1105 of 2001. The claimant, a worker in a toddy shop, sustained injuries in a road accident. He had suffered fracture of the calcaneum and was treated at Carithas Hospital, Thellakom. The Doctor issued a disability certificate fixing it at 12%. The Tribunal took it at 8% and granted compensation. Learned counsel for the appellant would strongly contend before me that he had produced a document along with the appeal showing that he was getting a monthly income of Rs.7,080/- and therefore the compensation has to be recalculated on that basis. I do not want to entertain a document at the appellate stage which he should have produced it before the court below. But considering the fact that he is an employee in a toddy shop and the present wage set up, his monthly income is taken at Rs.2,500/-. So far as disability compensation is concerned, it has to be mentioned that the term of employment in the toddy shop is only for one year. Therefore Rs.2,500/- is the safest figure MACA 535/2007 -:2:- that can be taken for fixing the compensation. For 3 months and 20 days I work out the compensation as Rs.9,000/- towards actual loss of earning out of which Rs.7,340/- is already granted. Under that head, he is entitled to Rs.1,660/-. Suppose the disability is taken at 8% and the income is taken at Rs.30,000/- per annum, the loss of earning would come to Rs.2,400/-per year, which when multiplied with appropriate multiplier of 16, he is entitled to an amount of Rs.38,400/-, out of which an amount of Rs.30,720/- has already been granted. So he is entitled to an amount of of Rs.7,680/- more under that head. For a fracture of calcaneum which is an important bone on the heel, the Tribunal granted an amount of Rs.7,500/- under the head pain and suffering. I enhance it by Rs.2500/- more. Therefore the claimant will be entitled to an additional compensation of Rs.11,840/-. The MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,840/- with 7% interest on the said sum from the date of petition till realisation and 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 Cdp/- MACA 535/2007 -:3:-