IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 MACA.No. 2625 of 2009() ----------------------- OPMV.881/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ MURALEEDHARAN, S/O.AMBATTUKUZHIYIL NARAYANAN, NEAR ST.PAUL SCHOOL, VELIYANADU DESOM, EDAKATTUVAYAL VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. SASIDHARAN, S/O.NAGESWARAM APPUKUTTAN, PALIAM, CHATHANNUR DESOM, KUZHALMANDAM TALUK, PALAKKAD DISTRICT. 2. THE MANAGING DIRECTOR, K.S.R.T.C, TRIVANDRUM. BY SRI. NANDAGOPAL NAMBIAR, STANDING COUNSEL, KSRTC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma M.N. KRISHNAN, J ------------------------- M.A.C.A No.2625 OF 2009 ---------------------------------- Dated this the 5th day of February, 2010. J U D G M E N T This is an appeal preferred by the claimant in OP(MV). 881/05 against the award of the Claims Tribunal, Irinjalakuda. The Tribunal has awarded a compensation of Rs.42,800/- and dissatisfied with the same the claimant has come up in appeal. 2. Heard. 3. The Tribunal has dealt with the case of the claimant in para 10 of the award. The injuries sustained by the claimant are: Fracture of the right tibia and also fracture of Scaphoid. The doctor has issued disability certificate of 8% and the Tribunal has accepted it at 3% and calculated the compensation fixing the income at Rs.2,000/- and applying multiplier of 16. The court had opportunity to see the claimant and it is stated thereunder that his leg is slightly swollen at the fracture site with slight deformity . There is no serious problem with his wrist. Taking M.A.C.A.No.2625/09 2 into consideration these aspects, I feel that the minimum percentage of 5% can be taken considering the occupation of the person as a toddy tapper. As per the dictum laid down in Sarala Varma's case multiplier for the age of 38 years is 15 and not 16. If the compensation is calculated on that basis then the disability compensation would come to Rs.18,000/- out of which Rs.11,500/- has been granted by the Tribunal. Therefore, the claimant would be entitled to an additional disability compensation of Rs.6,500/-. I find that on all other heads the Tribunal has granted a just and reasonable compensation as envisaged under section 166 of the Motor Vehicle Act. Therefore, the MACA is partly allowed. The claimant is awarded an additional compensation of Rs.6,500/- with 7% interest on the said sum and the second respondent, K.S.R.T.C and it is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. Sou.