IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 MACA.No. 1111 of 2009() ----------------------- OPMV.190/2003 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ BABU M.C. S/O. SWAMI, AGED 42 YEARS, VALIYAMETHAL HOUSE, P.O. PUTHIYARA, CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS -------------------------- 1. DR.M.A.KOYA S/O. MUHAMMED, KOYA'S HOSPITAL,CHERUVANNUR, P.O.FEROKE, CALICUT. 2. ABBOBACKER S/O.MUHAMMED, AGED 64 YEARS, ARALANA HOUSE, KAKKUZHIPALAM, EAST HILL, CALICUT. 3. UNITED INDIA INSURANCE CO.LTD. WHITE LINES BUILDING, KALLAI ROAD, CALICUT. ADV. SRI.K.A.SALIL NARAYANAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1111 OF 2009 ............................................. Dated this the 18th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.190/2003. A Carpenter, aged 36 years, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.77,435/=. Dissatisfied with the said decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the owner. The learned counsel for the appellant would contend that the percentage of disability though accepted by the Tribunal, the Tribunal erred in taking the income at Rs.2,200/= and, therefore, fell into error in arriving at a correct compensation. He would also submit that the amount given for loss of amenities is also low. The learned counsel had made available before me the first Information Statement given by the claimant immediately after the accident. That itself would show that he is a Carpenter by profession and it further revealed that the accident had : 2 : M.A.C.A.No.1111 OF 2009 taken place while he was proceeding for his work. 3. Being a Carpenter by profession, that too in the year 2002, I feel interest of justice requires that a minimum income of at least Rs.3,000/= has to be given. The learned counsel also has made available before me a disability certificate issued by the Medical Board of the Medical College Hospital, Kozhikode which shows that on account of the bymalleolar fracture there was ankylosis caused which has resulted in 12% of permanent disability. The Tribunal has accepted the said disability certificate. When it is so, the annual income would come to Rs.36,000/= and the annual loss would come to Rs.4,320/=. By virtue of the decisions reported in Salra Verma v. Delhi Transport Corporation (2009 ACJ 1298), when a person aged 36 years, the multiplier to be adopted is 15 and, therefore, the compensation for the disability would come to Rs.64,800/= and by deducting Rs.50,688/= already granted, the claimant is entitled to an additional compensation of Rs.14,112/= under that head. When the income is fixed at Rs.3,000/= per mensum, for 4 months, the different would : 3 : M.A.C.A.No.1111 OF 2009 come to Rs.3,200/=. Similarly when a Carpenter who has to sit and do a lot of works had sustained fracture of the ankle with dislocation and ankylosis, certainly it would affect his activities in life and therefore, I award him Rs.2,000/= more under that head thereby entitling the claimant to have an additional compensation of Rs.19,300/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.19,300/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to the deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1111 OF 2009