IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 1503 of 2005() ----------------------- OPMV.1727/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/PETITIONER IN OPMV. ------------------------------------------- JOSHI, S/O.SUBRAMANIAN, MANIYANTHARA PARAMBU, ERUVELI, CHOTTANIKKARA. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDETNS IN OPMV. ----------------------------------- 1. P.ANIL KUMAR, PADMA NIVAS, H.NO.29/2819, PUNITHURA P.O. KOCHI 682 317. 2. THE ORIENTAL INSURANCE CO.LTD., M.G.ROAD, KOCHI 11. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 1503 OF 2005 --------------------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. Counsel appearing for the appellant pointed out that going by the age of the appellant at the time of the accident, that is, 32 years, the multiplier should have been 17 as against 16 adopted by the Motor Accidents Claims Tribunal, Ernakulam. If this correction is carried out, the appellant will be entitled to additional compensation of Rs.3,600/-. In addition to this, we grant a further sum of Rs.6,400/- towards compensation for loss of employment during the course of treatment until recovery. The additional compensation granted by us will carry interest at the rate of 7.5% per annum from the date of application till date of payment. Appeal is allowed to the extent indicated above. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ 2 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 1503/2005 JUDGMENT 4th December, 2008