IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 MACA.No. 1618 of 2004 ----------------------- OPMV.3015/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: APPELLANT/PETITIONER: ------------------------------------- ANIL VARGHESE, AGED 28 YEARS, S/O.ANTONY, KOCHAPPILLY HOUSE, VAZHAKKALA, KAKKANADU, KOCHI - 30. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SMT.NITHYA.K. SMT.MANJUSHA MOHANDAS RESPONDENTS: RESPONDENTS: --------------------------- 1. PARTNER, RUBIAN MEAT EXPORTS, AROOR, ALAPPUZHA DIST. 2. JOHNSON, KONKERI HOUSE, EZHUPUNNA, ALAPPUZHA DISTRICT. 3. THE NATIONAL INSURANCE COMPANY LIMITED, KOCHI. 4. SUNIL ANTONY, KOCHAPPALLY HOUSE, KAKKANADU P.O. 5. T.HARIHARAN, HARIMANDIRAM, PUNDALATHAZHAM, KELLIKOLLUR P.O. KOLLAM. 6. THE OREINTAL INSURANCE COMPANY LTD., KOCHI 11. ADV. SRI.M.A.GEORGE FOR R3 SMT.DEEPA GEORGE FOR R3 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R6 SRI.P.JACOB MATHEW FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 1618 OF 2004 ============================ Dated this the 24th day of March 2011 JUDGMENT Basheer, J. The appellant sustained fracture of shaft of right femur in a road traffic accident that occurred on June 11, 1997. He claimed compensation from the owners, drivers and the insurers of the two vehicles involved in the accident. The Tribunal, after considering the oral and documentary evidence adduced by the appellant, awarded a sum of Rs.67,300/- towards compensation and directed the two Insurance Companies to pay the same with 6% interest. The above award has been impugned in this appeal contending inter alia that the compensation awarded is too low and inadequate. MACA 1618/2004 -2- 2. The Tribunal while assessing the quantum of compensation payable under the head of disability took the notional monthly income of the appellant as Rs.1500/-. The Tribunal of course accepted the percentage of disability (9%) assessed by the Medical Board and took the multiplier as 15 and awarded a sum of Rs.24,300/- under that head. The multiplier adopted by the Tribunal ought to have been 17 going by the IInd Schedule. Similarly, in our view the Tribunal ought to have taken the notional monthly income as Rs.2,000/-. Thus the compensation payable under the head of disability can be recalculated thus: 2000 x 12 x 9 x 17/100=36, 720/-. 3. Since we have refixed the notional monthly income at Rs.2,000/-, the loss of earnings for three months shall be proportionately enhanced to Rs.6,000/-. 4. The Tribunal awarded only a sum of Rs.8,000/- under the head of loss of amenities and Rs.12,000/- for pain and suffering. In our view, interest of justice will be met if the appellant is awarded Rs.15,000/- and Rs. 20,000/- respectively under these two heads. The Tribunal has awarded interest only at the rate MACA 1618/2004 -3- of 6%. The appellant shall be entitled to get interest at the rate of 7.5%. The two Insurance Companies shall pay the additional compensation as directed above. In all other respects, the award passed by the Tribunal is confirmed. The appeal is disposed of as above. Sd/- A.K. BASHEER, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. TRUE COPY P.S. TO JUDGE