IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 MACA.No. 1007 of 2005(B) ------------------------------------- O.P(MV).1907/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/PETITIONER: -------------------------------------- JASHEER, AGED 20 YEARS, S/O. V.P.SAINUDHEEN, PULIKKAL HOUSE, GURUVAYUR, TAIKKAD VILLAGE, THRISSUR-680 101. BY ADV. SRI.K.A.SALIL NARAYANAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. T.C.GIRISH, S/O. CHATHU, THOPPINIPARAMBIL HOUSE, THEKKUMKARA, ATHANI, THRISSUR. 2. SADHANANDHAN, S/O. CHATHU, CHARUPARAMBIL HOUSE, THEKKUMKARA, ATHANI, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., THRISSUR. BY ADV. SRI.V.P.K.PANICKER - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1007 OF 2005 ===================== Dated this the 4th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.1907 of 2000. The claimant sustained injuries on the right knee with foreign bodies and quadriceps tendon rupture and injuries all over the body. The Tribunal awarded him a total compensation of Rs.17,000/-. Along with the appeal memorandum learned counsel had made available the disability certificate of 5%. It is true that it is produced at a belated stage. Considering the fact that he had quadriceps tendon rupture for which he had undergone treatment and as the certificate supports the claim of disability it has to be considered. When that 5% is accepted and the notional income of Rs.15,000/- is taken into consideration the annual loss of earning will be Rs.750/-, applying a multiplier of 15, it will be Rs.11,250/-. Out of this an amount of Rs.5,000/- has already been awarded under the head loss of amenities in life, deducting that, the claimant will be entitled to Rs.6,250/-. Therefore MACA is partly allowed and the claimant is entitled to an MACA 1007/2005 -:2:- additional compensation of Rs.6,250/- 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/-