IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 2109 of 2007(A) ------------------------------------- OP(MV).NO.217/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM. .................... APPELLANT/ PETITIONER: -------------------------------------- RAJAN, S/O. KRISHNAN, AGED 25 YEARS, KURUPPANTHODY HOUSE, MULANJOOR POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR. RESPONDENTS/ RESPONDENT 1 TO 3: ------------------------------------------------------- 1. T.P.MUHAMMEDALI, FATHER'S NAME NOT KNOWN, AGE NOT KNOWN, THANIYAMPADAM HOUSE, POOLAKUNDU, OTTAPALAM POST, PALAKKAD DISTRICT. 2. HAMSA, S/O. SULAIMAN, AGED ABOUT 20 YEARS, KOOTTANKOTTIL HOUSE, PLATHARA, CHUNAGAD POST, OTTAPALAM TALUK, PALAKKAD DIST. 3. THE UNITED INDIA INSURANCE COMPANY LTD., OTTAPALAM. R3 BY ADV. SMT. RAJI T. BHASKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2109 OF 2007 = = = = = = = = = = = = = = = Dated this the 24th 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, Ottapalam in O.P.(MV)217/05. The claimant, a carpenter by profession, aged 23 years, sustained injuries in a road accident. He had sustained fracture on the ankle and had produced a disability certificate which indicates that he had defects in sitting, standing, squatting and stiffness with loss of 15% flexion of the left knee. The Tribunal took his income at Rs.3,000/-, disability at 3% and applied a multiplier of 17 and calculated the compensation. The Tribunal also did not give any amount for loss of amenities and enjoyment in life. Considering the fact that the claimant is a carpenter by profession who had sustained a fracture on the ankle certainly it will affect his working capacity as days progress and there is nothing wrong in taking the disability at 5%. Similarly, the income can be consolidated without deduction at Rs.2,500/-. When M.A.C.A. 2109 OF 2007 -:2:- it is so done, for 5% disability the annual loss of earnings would come to Rs.1,500/- which when multiplied by 17 would come to Rs.25,500/- out of this Rs.12,240/- is already awarded. So he will be entitled to an additional compensation of Rs.13,260/- under the head of loss of earning power. The Tribunal has not awarded any compensation under the head of loss of amenities and enjoyment in life for this young man for which I award Rs.3,000/-. On all other heads the compensation granted by the Tribunal is retained. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.16,260/- 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. It is also made clear that the claimant will be entitled to 6% interest on the entire amount from the date of petition. M.N. KRISHNAN, JUDGE. ul/-