IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 1694 of 2004() ----------------------- OPMV.1852/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- JANAKAN, S/O.KRISHNAN, AGED 49 YEARS, RESIDING AT KAITHAKOTTIL HOUSE, THRIKKALATHOOR, MULAVOOR VILLAGE. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS/RESPONDENTS --------------------------------------------- 1. ROSAKUTTY ALIAS, W/O.ALIAS, THURUVASSERIL HOUSE, KAYANADU, OORAMANA P.O., MUVATTUPUZHA. 2. NABEESA, W/O.K.P.ABOOBACKER, KANELY HOUSE, PARAPPURAM P.O., KANJOOR. 3. PAULOSE, S/O.ITTAN, THACHUKUNNEL HOUSE, KAYANADU, OORAMANA P.O., MUVATTUPUZHA. 4. THE NEW INDIA ASSURANCE CO LTD., BRANCH OFFICE, ST. JOSEPH'S BUILDINGS, A.M.ROAD, PERUMBAVOOR. ADV. SRI.MATHEWS JACOB (SR.) FOR R4 SRI.P.JACOB MATHEW FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.1694 of 2004 - C =============================== Dated this the 15th day of December, 2008. J U D G M E N T KOSHY, J. Appellant sustained injuries in a motor accident due to the negligence of the driver of the vehicle insured by the 4th respondent. Against a claim for compensation of Rs.2,50,000/- total compensation awarded is Rs.1,47,000/-. Major part of the compensation awarded is reimbursement of medical expenses (Rs.69,000/-). Complaint of the appellant is that Ext.A12, medical certificate issued by the Medical Board proved 17% disability. There was fracture of femur, fracture of tibia and fracture of clavicle which was mal-united. There was loss of movement of hip joint. Tribunal awarded only Rs.10,000/- for disability and loss of earning power even though 17% disability was certified by the Medical Board. He was employed in the State Bank of Travancore as a record keeper. We agree with the Tribunal that since employment was not lost, compensation for disability cannot be calculated on multiplier basis. Considering M.A.C.A.No.1694 of 2004 - C 2 the age of the appellant at the time of the accident, disability suffered by him and the fact that it will affect his getting a job after his retirement, Tribunal awarded compensation, but only to the extend of Rs.10,000/-. It is true that compensation is to be calculated for 17% disability. Considering the fact that the appellant is an employee in the State Bank of Travancore who was earning about Rs.8,600/- per month at the relevant time, we are of the opinion that at least Rs.10,000/- more should be awarded for disability and loss of earning power. Therefore, additional compensation payable is Rs.10,000/- with 7.5% interest from the date of application till its deposit. The above amount should be deposited by the 4th respondent/ insurance company. On deposit of the amount, the appellant is allowed to withdraw the same. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-