IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 M.A.C.A.No. 1856 of 2005(C) ----------------------- OP(MV) NO.836/1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): --------------------------------- C.J. VINCENT, CHIRAYATH HOUSE, CHALAKUDY. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS 1,2 & 4 IN OP(MV): ------------------------------------------- 1. JOSEPH, S/O. ITTIMATHEW, PAYYAPPILLY HOUSE, CHALAKUDY EAST, NEAR CONVENT HIGH SCHOOL, CHALAKUDY P.O. 2. JOBY JOSEPH, JOHNSON'S HARDWARES, CONVENT ROAD, CHALAKUDY. 3. MANAGER, NEW INDIA ASSURANCE CO. LTD., IRINJALAKUDA. BY ADV. SRI.N.S.MOHAMMED USMAN -R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J ===================== MACA No.1856 OF 2005 ===================== Dated this the 17th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.1856 of 2005. Notice on admission was issued and respondents are served and the insurance company has entered appearance. The appellant is challenging the quantum of compensation. The claimant was an employee of Bharat Sanchar Nigam Ltd at the time of accident. He had sustained fracture on the clavicle and also fracture of 3rd and 4th ribs right. He was treated in the hospital as an inpatient for a period of two days. He had produced a disability certificate for 11% and the disability noted are: he has difficulty to lift or carry weight, to pull push, throw, hold above head with left upper limb. This may not affect his earning capacity substantially and being an employee of the Central Government institution he can work up to the age of 60 without any loss of earning from the job. The Tribunal thereafter took into consideration the disability that may result in loss of earnings and therefore fixing the income at Rs.1,500/- and accepting the disability at 7%, used a multiplier of MACA 1856/2005 -:2:- 5 and granted disability compensation. The Tribunal also granted a sum of Rs.3,000/- towards loss of amenities and enjoyment in life. It can be seen from the award that nothing has been granted as such for the inconvenience and difficulties which one has to experience starting from the age of 44. The disability compensation is calculated only from the age of 60. Therefore the crucial period of 16 years remains uncovered for which some amount has to be given for loss of amenities and enjoyment in life. I feel an additional compensation of Rs.7,000/- can be awarded under that heads. On all other heads, the Tribunal has awarded a reasonable compensation. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-