IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1435 of 2004(B) ------------------------------------ OPMV.1247/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): -------------------------------------------------- SINTO LONA, S/O. LONA, CHONEDAN HOUSE, KALLETTUMKARA P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS IN OP(MV): ------------------------------------------------------------- 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. VIJAYA KURUP, KADAVANA HOUSE, VALIAPARAMBU P.O. * 3. LONA C.L., CHONEDAN HOUSE, KALLETTUMKARA P.O. (*DELETED) 4. SLEEN LONA, S/O. LONA, CHONEDAN HOUSE, KALLETTUMKARA P.O. 5. MANAGER, NEW INDIA ASSURANCE CO., ROUND NORTH, THRISSUR. * R3 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 04/07/2008 IN MACA.NO.1435/2004. BY ADV. SRI.JOHNSON P.JOHN, SC, KSRTC - R1 SRI.A.C.DEVY - R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1435 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1247/98. The claimant sustained a fracture of lateral tibial condyle and was treated as an inpatient initially for seven days and also subsequently for seven days. He had produced a disability certificate of 14%. The Tribunal awarded a total compensation of Rs.36,000/- and it is against that decision the present appeal is filed. The Doctor has been examined as well in the case. The Tribunal itself has stated the patient was found to have disability in squatting, sitting and lifting heavy weight, difficulty to stand for a long time and there has been tenderness on the fracture site. The Tribunal did accept the disability of 5% and applied a multiplier of 17. Certainly the Tribunal should have taken a reasonable disability, namely, 7%, and the appropriate multiplier is only 16 and not 17, when the income is taken at Rs.18,000/- per M.A.C.A. 1435 OF 2004 -:2:- annum and 7% disability is worked out the annual loss of earnings would be Rs.1,260/- which when multiplied by 16 would come to Rs.20,160/-. The Tribunal has granted Rs.15,300/-. So the additional compensation will come to Rs.4,860/- under that head. For a hospitalisation of 14 days and prolonged treatment, towards pain and sufferings only and amount of Rs.5,000/- is granted which I enhance to Rs.8,000/-. Similarly, for loss of amenities also an amount of Rs.5,000/- has to be awarded, i.e. Rs.2,600/- to be enhanced. When these are taken into consideration the claimant will be entitled to an additional compensation of Rs.10,460/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,460/- with 7% interest on the said sum from the date of petition till realisation and respondents 1 and 5 are directed to deposit the amount in equal halves before the Tribunal within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-