IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 MACA.No. 929 of 2011(C) ----------------------- OPMV.973/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: -------------- V.K.MOHANAN, S/O.KUNJAN, VETTICHUVATTIL HOUSE, PALAKUZHA P.O., PALAKUZHA VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS: --------------- 1. MATHEW ABRAHAM, KOONTHAMATTATHIL HOUSE, MONIPPALLY, KOTTAYAM DISTRICT, PIN-686 636. 2. DEEPU, S/O.GOPALAKRISHNAN, ALAKKATTU HOUSE, PERINGAZHA KARA, ARAKUZHA VILLAGE, PIN-686 672. 3. ORIENNTAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA-685 584. ADV. SRI.A.R.GEORGE FOR R3(B/O) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/08/2011,THE COURT ON THE SAME DAY DELIVERIED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NO. 929 OF 2011 ============================ Dated this the 16th day of August 2011 JUDGMENT R.Basant, J. The claimant is the appellant. He had claimed compensation for personal injuries suffered in a motor accident which took place on 25/7/2006. According to the appellant, he had suffered a total loss of Rs,5,10,000/-. The Tribunal by the impugned award came to the conclusion that the appellant has suffered loss to the tune of Rs.1,52,500/- as per the details given in paragraph 18 of the impugned award which we extract below: sl.No. Head of claim amount awarded basis vital details in a nut shell 1 Loss of earning Rs.6,000/- 3000/- per month x 2 months 2 Future loss of earning not allowed 3 Transportation expenses Rs. 500/- no documents produced 4 Medical expenses not allowed bills snot produced 5 Extra nourishment Rs. 1,000/- MACA 929/2011 2 sl.No. Head of claim amount awarded basis vital details in a nut shell 6 Damage to clothing etc. Rs. 500/- 7 Bystander expenses Rs. 1,500/- Rs.1500/-x 1 month 8 Pain and suffering Rs.15,000/- Fracture of clavicle and fracture of upper end of right femur 9 Disability Rs.1,08,000/- Rs.3000/-x12x20/100x15 10 Earning power not allowed 11 Loss of amenities Rs.20,000/- 12 Total Rs. 1,52,500/- The claim is limited to Rs.1,00,000/- Rs.1,00,000/- with interest @7.5% per annum from 19.12.2006 till realisation. However, the Tribunal, taking note of the circumstances that the appellant had limited the claim to Rs. 1,00,000/-, proceeded to pass the impugned award directing payment of only an amount of Rs.1,00,000/-(Rupees one lakh only) as compensation. 2. The appellant claims to be aggrieved by the impugned award. The learned counsel contends that notwithstanding the fact that the appellant had limited his claim to Rs.one lakh, the Tribunal ought to have awarded the entire amount of compensation, which the Tribunal found that the appellant is entitled to. Having found the appellant is entitled to an amount of Rs.1,52,500/- as compensation, the Tribunal was not justified MACA 929/2011 3 in passing the award directing payment of only an amount of Rs.1,00,000/- (Rupees one lakh) as compensation, contends counsel. 3. The third respondent has entered appearance. I.A.No.2135/2011 has been allowed by us vide separate order permitting amendment of the claim made in the O.P.(MV). The Trial court shall carry out the amendment. The appellant shall pay the balance court fee payable within a period of thirty days from this date, it has already been directed as per the order in the said I.A.No.2135/2011. 4. We wanted the counsel to advance arguments if any. The learned counsel for the respondent-Insurance company does not raise a contention that the amount of loss quantified by the Tribunal warrants interference on any ground. We do note that under the head of disability, compensation for reduction in earning power has been calculated by the Tribunal by adopting the multiplier multiplicand method, even though it is stated that the said amount of compensation is awarded for disability and though it is further stated that for reduction in earning power, no further amount is awarded. We take it that the amount awarded under the loss of disability is really the amount awarded MACA 929/2011 4 for reduction in earning power. 5. We are, in these circumstances, satisfied that the appellant is entitled for the entire amount of Rs.1,52,500/- as found by the Tribunal. 6. In the result, a)this appeal is allowed in part. b)In supersession of the impugned directions of the Tribunal, the appellant is found entitled to receive a total amount of Rs.1,52,500/- (Rupees one lakh and fifty two thousand five hundred only) as compensation along with interest at the rate of 7.5% per annum from 29/12/2006 till realization. c)We make it clear that the amount deposited by the Insurance Company/respondent shall not be released to the appellant before he deposits the entire amount of court fee. d)All other directions of the Tribunal are upheld. R.BASANT, JUDGE M.C. HARI RANI,JUDGE ks.