IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 1171 of 2006() ----------------------------------- OPMV.1009/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER -------------------------------------- ROSHAN, S/O.PAILY, AGED 29 YEARS, KADUVUMKAL HOUSE, VAZHITHALA BHAGAM, MANAKKADU VILLAGE. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. REGI, CHANAPURACKAL HOUSE, ARAKKULAM P.O., THODUPUZHA. 2. THE NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA. 3. VARGHESE, S/O.KURIAN, VADAKKEKOCHIRAYIL HOUSE, PIRAVOM. ADV. SRI.JOE KALLIATH FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1171 OF 2006 --------------------------------- Dated this the 26th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Thodupuzha in O.P.(MV) No.1009/2002. The claimant sustained injuries in a road accident and the tribunal had awarded a compensation of Rs. 45,600/- with 6% interest. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the counsel for the appellant as well as the Insurance Company. A perusal of the award would show that the claimant has sustained a fracture of the left clavicle, fracture of the left scapula, fracture on upper right and lower incisors. He had lacerations on the orbital region, lacerations over the nose and abrasion over the face. He was treated in the hospital as an inpatient from 13.10.2002 to 19.10.2002. The disability certificate for 17% was produced. The claimant was an employee working as Senior Clerk in Service Co-operative Bank, Vazhithala. His date of birth is 31.5.1973. The learned counsel for the appellant would contend that the disability taken is inadequate. The tribunal has M.A.C.A. No. 1171/2006 -2- taken the disability at 8% and income at Rs. 2,000/-, deducted 1/3rd and applied an multiplier of 18 to arrive at the disability compensation. I think it is not proper to calculate the disability in that way. Really till the age of 5, there will not be any loss of earning power for the claimant. When there is a fracture involving the clavicle as well as the scapula, I think disability can be fixed at 10% and after retirement under ordinary circumstances the claimant would in a position to get a job which will fetch an income of Rs. 2,500/- per month. After the age of 55, the multiplier is 8. Therefore the permanent disability compensation can be Rs. 3,000/- per annum. The disability can be taken at 10%, which when multiplied by an appropriate multiplier of 8, would come to Rs. 24,000/-. For the long 26 years some compensation has to be awarded, for the loss of amenities and enjoyment in life and I fix the same at Rs. 10,000/-. Therefore the permanent disability plus loss of amenities compensation would come to Rs. 34,000/- out of which the tribunal has awarded a sum of Rs. 23,034/-. Thus the claimant will be entitled to get a sum of Rs. 10,966/- which is rounded to Rs. 11,000/-. It is true that the tribunal has rejected the medical bills on the ground that there is no seal. That fact M.A.C.A. No. 1171/2006 -3- remains that the claimant was treated in a private hospital. He was inpatient in the hospital for 8 days. He sustained fracture of the clavicle as well as the scapula besides other injuries. I think Rs. 4,000/- can be easily awarded towards medical expenses. Thereby the claimant is entitled to get an additional compensation of Rs. 15,000/-. In the result, the M.A.C.A is partly allowed and the claimant is entitled to get an additional compensation of Rs. 15,000/- with 6% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm