IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 MACA.No. 1763 of 2006() ----------------------- OPMV.1108/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- ABDULKHADER.K.K., S/O.ERAKKATH KUNJUMOHAMMED, PULIKKANNY DESOM, VARANTHARAPILLY VILLAGE, PALAPILLY, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- 1. A.K.RAJAN, ARAKKAL HOUSE, KALLUR P.O., AMBALLOOR, THRISSUR. 2. P.A.GEORGE, PINDIYAN HOUSE, PALLIKUNNU DESOM, VARANTHARAPILLY, THRISSUR. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., CITY HEIGHTS BLDG., CHALAKUDY. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma I.A. NO. 411 OF 2009 IN MACA NO.1763 OF 2009 DISMISSED SD/- M.N. KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1763 OF 2006 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2009. 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)1108/00. The claimant, a 34 year old fish vendor, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.35,580/-. Dissatisfied with the quantum he has come up in appeal before this court. 2. Heard. A perusal of the award would reveal that the claimant had sustained fractures on the little finger and ring finger and round abrasion on the left knee besides multiple injuries all over the body. He was treated as an inpatient in the hospital. PW3 issued disability certificate fixing it as 15%. The Tribunal reduced it to 6%, considering the nature of the injuries and the functional disability. He was a fish vendor even in the year 2000 and nothing wrong in fixing his income at Rs.2,000/- during that period. Since he has sustained fracture on two fingers with other injuries M.A.C.A. 1763 OF 2006 -:2:- and the Doctor has assessed the permanent disability I feel there is nothing wrong in at least taking a minimum of 7% disability for the purpose of calculating the compensation. When the income is fixed at Rs.2,000/- disability at 7% and multiplier at 16 as per decision in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the disability compensation would come to Rs.26,880/- of which Rs.18,360/- has been awarded thereby entitling the claimant to have an additional compensation of Rs.8,520/- under that head. When the actual loss of earnings is calculated at Rs.2,000/- the claimant is entitled to have an additional compensation of Rs.1,500/- more and certainly towards loss of amenities and enjoyment in life, he is entitled to a compensation of Rs.2,000/- making it a total of Rs.12,020/- which I round as Rs.12,000/-. 3. The interest awarded in this case only 6% which has to be made at least 7% for the entire amount. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 7% M.A.C.A. 1763 OF 2006 -:3:- interest on the said sum from the date of petition till realisation and the insurance company is also directed to pay the rate of interest at the rate of 7% on the entire amount awarded and it shall 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/-