IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 MACA.No. 994 of 2005(G) ---------------------- OPMV.630/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): PETITIONER --------------------------------- T.K.SWAMINATHAN, S/O.KASU, AGED 41 YEARS, BIJU NIVAS, BAMANKULAM, PERUVEMBA, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- * 1. MOHAMMED BASHEER @ BASHEER, S/O.CHINNUMUTHU RAWTHER, AGED 31 YEARS, NANDAN KIZHAYI, ANAMARI P.O., KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT. (DELETED) * 2. S.SANTHI, W/O.SUNDARARAJAN, AGED NOT KNOWN, SOUTH PAVADI, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT. (DELETED) * 3. NARAYANANKUTTY, S/O.PARAMESWARAN, AGED 27 YEARS, PUZHAKKAL HOUSE, KANNADI P.O., PALAKKAD DISTRICT. (DELETED) * 4. R.SOMA SUNDARAN, S/O.RAMAN, AGED NOT KNOWN, KAVIKKAL HOUSE, KUMARAMPUTHOOR, PALLAVOOR P.O., PALAKKAD DISTRICT. (DELETED) 5. UNITED INDIA INSURANCE COMPANY LTD., PALAKKAD. *R1 TO R4 ARE DELETED AS PER ORDER IN I.A.1891/05 DTD.1.12.09. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 994 OF 2005 = = = = = = = = = = = = = = = Dated this the 1st day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)630/96. The claimant, a 41 year old contractor by profession sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.21,450/- with 9% interest. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant. From paragraph 8 of the award it can be seen that the claimant was admitted in the hospital on 23.6.95 and discharged on 7.7.95. He has produced a disability certificate of 14%. A perusal of it would clearly indicate that the claimant had sustained a cervical spine injury and the radiological investigation revealed a fracture. I am afraid that the Tribunal has not awarded a proper compensation for the following reasons. M.A.C.A. 994 OF 2005 -:2:- 3. As he is aged 41 years and contractor by profession the Tribunal should have at least taken his income at Rs.2,000/-. More over for a person aged 41 years the sustainment of fracture of the spine and undergoing hospitalisation coupled with the production of a disability certificate which shows difficulty in movements, the Tribunal should have taken 5% disability for him to work out the compensation. When 5% is taken as the disability and Rs.2,000/- as his income and using a multiplier of 14, as per the decision reported in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) his disability compensation would come to Rs.16,800/-. Over and above this he should be awarded some amount towards loss of amenities and enjoyment in life which would come to Rs.5,000/-, i.e. a total of Rs.21,800/- out of which only Rs.13,500/- has been awarded thereby the claimant will be entitled to an additional compensation of Rs.8,300/- under that head. Certainly as he was treated in hospitals with cervical spine injury he would not have been in a position to do any work at least for two M.A.C.A. 994 OF 2005 -:3:- months. When that is taken into consideration he has to be given Rs.2,500/- more towards loss of earnings. Similarly I find that compensation for pain and sufferings is grossly inadequate as only Rs.4,000/- has been awarded. Considering the fact that the accident is of the year 1995 I am inclined to grant him Rs.3,000/- more thereby making the additional compensation at Rs.13,800/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,800/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-