IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 MACA.No. 1674 of 2008() ---------------------------------- OPMV.1341/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ------------------------- V.VASU, S/O.KELU VAIDYAR, AGED 73 YEARS, VENGOTTU HOUSE, P.O.KANNANKARA, VIA CHELANNUR, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OPMV: ---------------------------- 1. K.K.GOVINDANKUTTY NAIR, AISWARYA, UNNIKULAM, P.O.THAMARASSERY, CALICUT. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY. 3. T.HARIGOVINDAN, S/O.KUTTIKRISHNAN KIDAVU, ARAKATTUTHAZHATH HOUSE, P.O.EDAKARA, KOZHIKODE. 4. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDATHUPALAM, CALICUT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1674 OF 2008 ===================== Dated this the 22nd day of January 2009 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1341 of 2002. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.7,300/-. It is the case of the claimant that he is a tailor by procession and was aged 67 years at the time of the accident. Ext.C1 disability certificate is accepted by the Tribunal which shows the percentage of disability at 8%. Though he claimed an income of Rs.4,000/-, the Tribunal took his annual income at Rs.12,000/- and calculated the compensation. I feel the compensation awarded under various heads requires revision. When he is a tailor by profession and the accident had taken place in the year 2001 one can easily fix the income at Rs.1,500/-. Therefore I award a sum of Rs.3,000/- towards loss of earning for two months. When the disability compensation is calculated at the rate of Rs.18,000/- per annum with a multiplier of 5 and disability of 8% it would come to Rs.7,200/- out of which Rs.4,800/- is granted. Therefore the MACA 1674/2008 -:2:- claimant will be entitled to an additional compensation of Rs.2,400/- under that head. It can also be seen that there is limitation of his movement and there is pain and so certainly he is entitled to get compensation for loss of amenities and enjoyment, especially in the back drop , i.e. aged 67 years. I award him Rs.3,000/- under that head. The Tribunal only granted a sum of Rs.1,500/- towards pain and suffering. When one gets a disability on account of the stiffness of the cervical spine it would have certainly caused him excruciating pain. Therefore I award him Rs.3,500/- more under that head. Therefore the claimant will be entitled to an additional compensation of Rs.11,900/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,900/- with 7.5% interest on the same 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/-