IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 MACA.No. 43 of 2004() --------------------- OPMV.128/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- SUNNY GEORGE, S/O. VARKEY, CHELLAMKOTTU HOUSE, ARPOOKKARA WEST P.O., KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. SHAJI, S/O. JOSEPH, PATTIYAMPARAMBIL HOUSE, KURUMULLOOR P.O., KANAKKARY, KOTTAYAM. 2. P.P. SAJEEV KUMAR, S/O. PRABHAKARAN, SAJEE BHAVAN, CHANNANIKKADU P.O., KOTTAYAM. 3. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.JOE KALLIATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 43 OF 2004 = = = = = = = = = = = = = = = Dated this the 30th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)128/98. The Tribunal has awarded a compensation of Rs.55,400/- accepting the disability in toto. But the Tribunal has only applied a multiplier of 15 whereas it should have been taken it at 16 for the age of 37. Therefore, when it is worked out, the claimant is entitled to an additional compensation of Rs.1,920/-. A perusal of the disability certificate would further show that he was temporarily totally disabled for three months and could walk unassisted only after eight moths following the injuries. That means as a driver he would not have been able to drive the vehicle for another three months. For that he is entitled to Rs.4,800/-. Therefore the claimant is entitled to an additional compensation of Rs.6,720/-. On all other heads the Tribunal has awarded appropriate compensation. Therefore the MACA M.A.C.A. 43 OF 2004 -:2:- is partly allowed and the claimant is awarded an additional compensation of Rs.6,720/- with 7% 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/-