IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 MACA.No. 1620 of 2005(B) ------------------------------------- [O.P(MV).NO.1392/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA] .................... APPELLANT/PETITIONER: ------------------------------------- P.J.JOSSY, S/O.JEROME, PULIKKAL HOUSE, P.O.PARAYAD, PARAVANTHURUTHU, PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI. RESPONDENTS: ------------------------ 1. K.M.ANWAR, S/O.MOHAMMED ALI, KARIKKATTU HOUSE, P.O.MATHILAKAM, KODUNGALLUR, THRISSUR DISTRICT. 2. JANESH, S/O.RAGHAVAN, PANARIYEDATH HOUSE, THANDAMKULAM, KODUNGALLOOR.P.O., THRISSUR DISTRICT. 3. THE MANAGER, NATIONAL INSURANCE COMPMANY LTD., MAIN BRANCH, N.PARUR. R2 BY ADVS. SRI.BABU KARUKAPADATH, SRI.K.A.NOUSHAD, R3 BY ADV. SRI.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A.No. 1620 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th day of March, 2011 JUDGMENT Basheer, J. Appellant sustained certain injuries like “fracture right orbital region (left), fracture anterior wall (right), fracture of medial wall orbit, nasal bone and maxilla both side” in a road traffic accident that occurred on October 13, 1999. He claimed compensation to the tune of Rs.2,20,000/- from respondents 1 to 3, the owner, driver and insurer of the offending vehicle, contending inter alia that the above injuries had resulted in serious disability to him. 2. The Tribunal after considering the evidence available on record awarded a sum of Rs.90,872/- with interest @ 6% per annum from the ate of petition till realization. The above award is under challenge in this appeal. 3. The case of the appellant was that he was a Mason by profession earning Rs.4,000/- per month. But the MACA 1620/2005 2 Tribunal took his monthly income as only Rs.1,500/-. Keeping in view the age of the appellant (27 years), the Tribunal took 18 as the multiplier and accepted 7% as the disability and thus awarded a sum of Rs.22,680/- under the head of disability. In our view, the monthly income can be taken as Rs.2,500/- per month. Multiplier adopted by the Tribunal as 18 and percentage of disability as 7 appear to be reasonable. Therefore, the claimant is entitled to get a sum of Rs.37,800/- (Rs.2,500/- x 12 x 18 x 7%) under the head of disability compensation. 4. The Tribunal awarded a sum of Rs.4,500/- towards loss of earning for three months reckoning his monthly income as Rs.1,500/-. As we have fixed his monthly income as Rs.2,500/-, the appellant will be entitled to Rs.7,500/- towards loss of earning. 5. The appellant was awarded a sum of Rs.10,000/- for pain and suffering. Considering the nature of the injuries sustained by him, we are of the view that the appellant is entitled to get Rs.20,000/- under this head and as against a MACA 1620/2005 3 sum of Rs.2,000/- awarded to him for loss of amenities, we award a sum of Rs.15,000/-. Thus, the appellant is entitled to enhanced compensation of Rs.41,120/-. 6. The Tribunal awarded interest only @ 6% per annum, which appears to be very low. The appellant is entitled to get interest @ 7.5 % per annum from the date of petition till realization. In all other respects the award passed by the Tribunal is sustained. 7. The 3rd respondent Insurance Company shall deposit the amount within two months from the date of receipt of a copy of this judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.