IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 MACA.No. 606 of 2005 ------------------------------ OPMV.1313/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: CHILLIKODAN KALLIANI, AGED 50 YEARS, W/O. KUNHAN, KARUMBIL HOUSE, P.O.ARIMBRA. BY ADV. SRI.P.SAMSUDIN SRI.P.BABU KARTHIKEYAN. RESPONDENTS/RESPONDENTS: 1. ANAKKACHERY MUJEEB RAHMAN, S/O. SAIDALAVI, PATTOLI HOUSE, MONGAM (DRIVER). 2. C.ANSARI, KOLLARODIKAYIL HOUSE, MORAYUR P.O. (OWNER) 3. ORIENTAL INSURANCE CO.LTD., MANJERI. BY SR.ADV. SRI.MATHEWS JACOB FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.606 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011 Judgment Basheer, J: Appellant suffered fracture of humerus in a road traffic accident that occurred on October 6, 1999. As against a claim of `.1,50,000/- made by the appellant towards compensation, the Tribunal awarded only a sum of `.24,139/- with 6% interest. The inadequacy of the award is under challenge in this appeal. 2. The case of the appellant is that she was a Coolie earning `.2,750/- per month and that because of the injury, her earning capacity had been considerably affected. It is seen from the record that the Medical Board had issued Ext.X1 disability certificate certifying that the appellant had suffered 4% disability because of the injury. Though the Tribunal accepted the percentage of disability as indicated in the certificate, it had taken the annual income of the appellant as `.15,000/-. In our view, it is on the lower side. 3. In the facts and circumstances of the case we are satisfied that the annual income of the appellant can be reckoned as `.24,000/-. However, the Tribunal has adopted 13 as the multiplier, which is apparently wrong. The MACA.606/2005. : : multiplier can only be 11. The compensation payable under the head of disability therefore will come to 24,000 X 4 X 11 = 10,560 100 4. It is seen that the Tribunal has not awarded any amount under the head of loss of earning or towards loss of amenities and discomfort. In our view, the appellant is entitled to get `.4,000/- under the head of loss of earning and `.7,500/- under the head of loss of amenities and discomfort. Therefore, the appellant shall be entitled to get enhanced compensation of `.15,060/-. She shall get interest at the rate of 7.5% on the entire amount of compensation. The appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.