IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 MACA.No. 813 of 2009(C) ---------------------- AGAINST THE ORDER DATED 26/08/2008 IN OPMV.472 & 474/2005 IN OPMV.473/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER ------------------------ BINOY S/O.AUGUSTHY, ERUVELIKUNNEL HOUSE, SANTHIGRAM KARA, SANTHIGRAM POST, KALKOONTHAL VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT(S)/RESPONDENT: ------------------------------------- 1. SANALKUMAR M.C., MAROTTICKAL HOUSE, RAJAKANDAM POST, VANDANMEDU, IDUKKI DISTRICT. 2. THE UNITED INDIA INSURANCE CO. LTD., REP. BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA. 3. AJESHKUMAR T.B, S/O.BASKARAN NAIR, THENGUMTHOTTATHIL HOUSE, SANTHIGRAM BHAGAM, ERATTAYAR. ADV. SMT.RAJI T.BHASKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 813 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th 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, Thodupuzha in O.P.(MV)473/05. The claimant, a 29 year old coolie by profession sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.41,300/-. Dissatisfied with the same the claimant has come up in appeal. 2. Heard. The learned counsel for the appellant very strongly contends before me that the Tribunal has discarded the disability of 8% and had only adopted 4%. It can be seen from the award that the claimant had sustained a contusion on the parietal region, lacerated wound over the right foot, lacerated injury on the right leg and multiple abrasions on the hand. On two occasions he was treated as an inpatient in the hospital for 17 days. The disability certificate would indicate that there was absence of pain sensation over the dorsal shaft of left foot and numbness M.A.C.A. 813 OF 2009 -:2:- over the left foot. How this had come into effect is not seen properly considered or explained in the disability certificate or in evidence. Therefore the Tribunal accepted the disability at 4% with within I cannot find fault with. But the Tribunal has only adopted a multiplier of 15 which is incorrect. In the light of the decision of the Apex Court reported in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the proper multiplier to be applied for the age group of 26 to 30 is 17 and not 15. When it is applied the claimant will be entitled to an additional compensation of Rs.2,880/-. Absolutely no amount has been granted for loss of amenities and enjoyment in life especially when the sensation is lost and the absence of pain even when the body comes into contact with a hard body. Therefore considering the age of the person I am inclined to award a sum of Rs.5,000/- under that head. Even going by the award of the Tribunal it can be seen that he had undergone treatment for a considerable length of time till 12.11.05 though the accident had taken place on 29.10.04. So there is nothing M.A.C.A. 813 OF 2009 -:3:- wrong in awarding the compensation of Rs.3,000/- for actual loss of earnings also thereby entitling the claimant to have an additional compensation of Rs.10,880/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,880/- with 7.5% 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. M.N. KRISHNAN, JUDGE. ul/-