IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 45 of 2007(A) --------------------------------- OPMV.1268/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP (MV) : ------------------------------------------------------ SHAJAN, S/O.PAPPOO, VADAKKUMCHERY HOUSE, MELOOR P.O., MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) : -------------------------------------------------------------- 1. GEORGE SEBASTIAN, MELAN HOUSE, CHALAKUDY P.O. 2. RAMESAN, S/O.PEETHAMBARAN, MADATHIPARAMBIL HOUSE, KOMBATHUKADAVU P.O. 3. MANAGESR, ORIENTAL ISNURANCE CO.LTD., CHALAKUDY. BY ADV. SRI.P.V.JYOTHI PRASAD - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 45 OF 2007 --------------------- Dated this the 16th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1268/00. The claimant, a young man aged 32 years a driver by profession, sustained inures in a road accident and the Tribunal awarded him a compensation of Rs.30,373/-. 2. A perusal of the award would reveal that he was working as a driver in Carmel High School, Chalakudy. The claimant sustained fracture of the right scaphoid and pain all over the body. Scaphoid bone of hand is slanted at the radial side of the carpus and articulates with the radius and other bones. It means that it has got something to do with the grip of the hand, movements of the hand and also with respect to holding of the fingers. Though there was a disability certificate showing the claimant's disability at 12%, the Tribunal fixed it at 8%. I do not want to disturb that percentage of disability. The Tribunal awarded him the disability compensation considering the fact that there will not be any loss of earning till the age of 55. Tribunal took the income at Rs.18,000/- per annum and calculated the compensation. When a driver is getting a salary of Rs.3,000/-, even now it may not be charitable to slash it to 50% at the age of 55. If it is taken as Rs.2,000/- and 8% disability compensation is MACA No.45/07 2 worked out, the total amount will come to Rs.15,360/- out of which Rs.11,520/- is already granted. Therefore under that head the claimant will be entitled to a compensation of Rs.3,840/-. The Tribunal has only granted a nominal amount of Rs.2,500/- towards loss of amenities and enjoyment in life. I am conscious of the fact that when the Tribunal awards compensation for permanent disability and separately for loss of amenities, the court should precisely see that there is no overlapping. But it has to be borne in mind that the disability compensation is calculated only from the age of 55 whereas the age of claimant was only 32 at the time of accident. Therefore, the loss of amenities will be more during this interregnum and therefore this is a fit case where the claimant has to be awarded an additional amount of Rs.5,000/- under that head. In other words, the claimant is entitled to an additional compensation of Rs.8,840/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,840/- with 6 % interest on the said sum from the date of petition till realisation from the respondents. 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.45/07 3