IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 1140 of 2006(F) ------------------------------------- OP(MV).NO.1716/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. .................... APPELLANT/ PETITIONER: -------------------------------------- EDAKKANDAN KUNIMUHAMMED, S/O.MOIDUTTY, ELAKKANDAN HOUSE, KARINTHAR P.O., KARULAI, NILAMBUR (VIA). BY ADV. SRI.K.ANAND. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. MUJEEB P,S/O ABOOBACKER, PANDARAPETTY HOUSE,KARULAI,NILAMBUR VIA, MALAPPURAM DISTRICT (DRIVER). 2. JOY THOMAS,S/O THOMAS, PERAPARAMBIL HOUSE, MANATHIPOIYL,POOKOTTUPADAM (OWNER). 3. UNITED INDIA INSURANCE COMPANY LTD., NILAMBUR. R3 BY ADV. SRI.P.M.M.NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1140 OF 2006 = = = = = = = = = = = = = = = Dated this the 17th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)1716/01. The claimant, a 59 year old agriculturist sustained injuries in a road accident. He had fractures on the right ulna and scapula besides this he had a lacerated wound over the bridge of the nose and a wound on the forehead. He was treated as an inpatient in the hospital for a period of six days. Ext.X1 Medical Board certificate shows the disability at 10%. The Tribunal took the income at Rs.15,000/- per annum reduced the disability to 5% and awarded the compensation of Rs.29,435/-. It is against that decision, the claimant has come in appeal. 2. Heard the counsel for both sides. I feel the income of Rs.15,000/- taken in the year 2001 is too low and at least an amount of Rs.1,500/- per month should have been taken as the income. Similarly, it is a certificate issued M.A.C.A. 1140 OF 2006 -:2:- by a Medical Board and a the at the age of 59, the claimant had sustained fracture on the ulna and the scapula of the right hand and therefore the Tribunal should have taken the disability at least at 7%. It is not proper to reject the disability certificate when it is produced under the orders of the Court. Similarly, the multiplier used is also wrong for the reason for the age of 59 the proper multiplier should be 8 and not 5. When it is so calculated the compensation for annual loss of earnings for Rs.18,000/- at the rate of 7% the amount is Rs.1,260/- per annum. When it is multiplied with 8 it will come to Rs.10,080/- out of which Rs.3,750/- is granted and the claimant is entitled to an additional compensation of Rs.6,330/- under that head. On account of these fractures on both bones of the right hand he would have suffered loss of amenities and enjoyment in life for which I award an amount of Rs.2,000/-. Certainly this would have prevented him from doing any work for a period of two months including the period of hospitalisation of six days and therefore I grant Rs.3,000/- under that head, thereby enhancing the compensation by Rs.11,330/-. M.A.C.A. 1140 OF 2006 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,330/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-