IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 MACA.No. 547 of 2008 (D) ------------------------------------ (O.P(MV).NO.1598/2003 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,MUVATTUPUZHA) .................... APPELLANT/PETITIONER: -------------------------------------- ELDHO, S/O.PAILY, PALLATH HOUSE, NEENDAPARA KARA, NERIAMANGALAM VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SIJO, S/O.PAPPACHAN, MANAYATH HOUSE, PARAKARAYIL AMBALAMPARA BHAGATH, VADATTUPARA P.O., KUTTAMPUZHA VILLAGE. 2. SUNISH MATHEW, S/O.MATHAI ULAHANNAN, KAVUMPURATH HOUSE, PAMPAKKUDA P.O., PERIYAPURAM, MUVATTUPUZHA (VIA), 3. THE ORIENTAL INSURANCE CO.LTD., P.B.NO.50, ILANGICKAL MATHEW MEMORIAL PLAZA, CHURCH, VIEW. KOTHAMANGALAM. R2 BY ADVS. SRI.GIGIMON ISSAC, SRI.BABY THOMAS. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADM ISSION ON 27/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. No. 547 OF 2008 = = = = = = = = == = DATED THIS, THE 27TH DAY OF JULY, 2010. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P. (MV) 1598/2003. The claimant, alleged to be of 32 years of age, sustained injuries in a road accident and the Tribunal had awarded him a compensation of Rs. 85,350/- with 7.5% interest. It is against that decision, the claimant has come up in appeal. 2. The short point that arises for determination in the appeal is regarding the age of the claimant. The claimant has produced the First Information Report as well as the First Information Statement wherein his age is shown as 30 years. The Tribunal, without seeing him even, held that he must be approximately 45 to 50 years old. I am afraid that such approach is totally erroneous. So, in order to satisfy my conscience I have perused the First Information Report, the First Information Statement and also a certificate issued by St. Johns Jacobite Syrian Church, Chempankuzhy where the baptism of the appellant was done and the date of birth is given as 26.6.1969. So he must be above 32 years at the time of the accident. The Tribunal has taken 10% disability and the income at Rs. MACA 547/2008 2 2,500/- per month. As per the decision of the Supreme Court in Sarala Varma's ( 2009 ACJ 1298) case, the appropriate multiplier for the age of 31 to 35 is 16. That is 3 more than what is stated. When it is so, the claimant will be entitled to an additional compensation of Rs. 9,000/-. 3. Thus the appeal is partly allowed and the claimant is awarded Rs. 9,000/- more (Rupees nine thousand only) with 7.5% interest from the date of petition till realisation. The respondent Insurance Company is directed to deposit the amount as aforesaid within a period of sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, (JUDGE) KNC/-