IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 579 of 2008() ---------------------- OPMV.994/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/ PETITIONER ------------------------ M.V. UDAYAKUMAR S/O.MALMAL VARIYANTHODI HYMAVATHI AMMA KUZHIKKALATTU HOUSE, (P.O) AZHINHILAM VAZHAYOOR VILLAGE, AZHINHILAM AMSOM, DESOM ERANDU TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS -------------------------- 1. N. SIVARAMAN, AGED 48 YEARS S/O.SANKARANKUTTY, NADUVILEYIL HOUSE MAVIRUKANDI PEEDIKA, NANMANDA (P.O) NANMANDA AMSOM, DESOM, KOZHIKODE DISTRICT (DRIVER) 2. MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 579 OF 2008 --------------------- Dated this the 3rd day of November, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Tirur, in OP(MV) 994/05. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.72,000/-. The injury sustained by the claimant are lacerated wound on the occipital region, thin sub dural hygroma, small linear fracture with fracture of the clavicle. 2. Learned counsel for the appellant contends that the claimant is earning more than Rs.6,000/- but the Tribunal has taken into consideration only Rs.3,000/- for the purpose of calculating the compensation. The disability certificate issued is only for 5% and the disability noted are loss of smell and taste. The Tribunal has correctly stated that it will not affect the earning capacity of the claimant. Still the Tribunal awarded a compensation of Rs.25,000/-. Even if the contention of the learned counsel for the appellant is admitted and Rs.3,000/- is taken as his income with 5% disability using an appropriate multiplier of 15, the amount will come to Rs.27,000/-,i.e., Rs.2,000/- more. I feel that the Tribunal has been MACA No. 579/08 2 reasonable in awarding a just compensation in this case. Since the disability on calculation comes to Rs.27,000/- and only Rs.25,000/- is awarded, I am inclined to grant him an additional compensation of Rs.2,000/- under that head. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.2,000/- with 9 % interest on the said sum from the date of petition till realisation from respondents jointly and severally. The respondents herein are 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 vps MACA No. 579/08 3