IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 MACA.No. 1164 of 2005() ----------------------- OPMV.59/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S):PETITIONER: -------------------------------------------- CHELAKKAL CHANDRAN, S/O.AYYAPPAN, AGED 44 YEARS, CHELAKKAL HOUSE, AMARAMBALAM AMSOM, THOTTEKKAD DESOM, NILAMBUR TALUK, MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): 3RD RESPONDENT: ---------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI. BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ------------------------- M.A.C.A. No.1164 of 2005 ------------------------------------- Dated this the 22nd day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Manjery in OP(MV) No. 59/2000. The claimant sustained injurries in a road accident and the tribunal has awarded him a compensation of Rs.37,528/-. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. A perusal of the award and the documents would reveal that the claimant had sustained fracture on the neck of radius and right upper end of ulna, compound injury right knee, contusion right shoulder, deep abrasion both knees right eye brow, tenderness forehead and pain hip and neck. He was treated as an inpatient in the hospital for 29 days. The medical board certified his disability of 10%. It found that there is limitation of movement and lack of grip. He is a tapper by profession. The income taken it only Rs.1,250/- per month. It is grossly inadequate for a man aged 39 years. Even if he is considered as a manual labourer, the income has to be taken as M.A.C.A. No.1164 of 2005 2 at Rs.2000/- per month and towards the actual loss of earning for three months Rs. 6000/- is awarded. Towards the disability, when the income is taken as Rs.2000/- and disability at 10% and multiplier of 16 is applied, it will come to Rs.38,400/-. The claimant has already granted Rs.24,000/- under that head. So he is entitled to additional compensation of Rs.14,400/- towards permanent disability. Towards loss of amenities and enjoyment, a nominal amount of Rs.3000/- is granted. Therefore, the claimant will be entitled to an additional compensation of Rs. 23,400/-. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.23400/- with 7.5% interest on the said sum from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE ln