IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 1397 of 2007() ----------------------- OPMV.160/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: -------------------------------------- GOPI, S/O. MANI, MANDATHARA HOUSE, CHERUKUNNU DESOM, KODAKARA P.O., THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. P.D.LONAPPAN (OWNER), S/O. DEVASSY, THATTIL PERUMPILLY HOUSE, KARUVANNUR, THRISSUR. 2. PRINCE P.L., (DRIVER), S/O. LONAPPAN, THATTIL PERUMPILLY HOUSE, KARUVANNUR, THRISSUR. 3. THE MANAGER (INSURER), UNITED INDIA INSURANCE CO. LTD., ALENGADAN BUILDING, TANA, IRINJALAKUDA-680 121. BY ADV. SMT.SHERIN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1397 OF 2007 --------------------- Dated this the 6th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 160/02. The claimant, aged 37 years a driver by profession, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.43,901/-. Aggrieved by that decision, the claimant has come up in appeal. 2. Heard both sides. A perusal of the award would reveal that the claimant had sustained fracture of the clavicular joint with dislocation. He had also haematoma on the parietal area. He was treated as inpatient in the hospital. In para 9 of the award the Tribunal stated that “I fix his monthly income at the rate of Rs.3000/-”. It awarded two months loss of earning. But, at that time, the Tribunal took only Rs.2,000/- into consideration. Therefore, the claimant is entitled to get Rs.2,000/- more under that head. Though the disability certificate was produced showing the disability at 8.5%, the Tribunal took it as 5% and calculated the compensation. But there MACA No.1397/07 2 again the Tribunal committed the mistake of taking the income at Rs.2,000/- per mensum instead of Rs.3,000/- per mensum. When Rs.3,000/- is taken, the annual loss of earning would come to Rs.1,800 for 5% which when multiplied by 16 would come to Rs.28,800/-. Deducting Rs.19,200/- already granted by the Tribunal for permanent disability, the claimant will be entitled to an additional compensation of Rs.9,600/- under that head. On all other heads, proper compensation has been granted by the Tribunal. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,600/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.1397/07 3