IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1397 of 2007()
1. GOPI, S/O. MANI,
... Petitioner
Vs
1. P.D.LONAPPAN (OWNER), S/O. DEVASSY,
... Respondent
2. PRINCE P.L., (DRIVER),
3. THE MANAGER (INSURER),
For Petitioner :SRI.V.BINOY RAM
For Respondent :SRI.J.MATHAPPAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1397 OF 2007
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Dated this the 6th day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 160/02. The
claimant, aged 37 years a driver by profession, sustained injuries in a
road accident and the Tribunal awarded him a compensation of
Rs.43,901/-. Aggrieved by that decision, the claimant has come up
in appeal.
2. Heard both sides. A perusal of the award would reveal
that the claimant had sustained fracture of the clavicular joint with
dislocation. He had also haematoma on the parietal area. He was
treated as inpatient in the hospital. In para 9 of the award the
Tribunal stated that “I fix his monthly income at the rate of Rs.3000/-“.
It awarded two months loss of earning. But, at that time, the Tribunal
took only Rs.2,000/- into consideration. Therefore, the claimant is
entitled to get Rs.2,000/- more under that head. Though the
disability certificate was produced showing the disability at 8.5%, the
Tribunal took it as 5% and calculated the compensation. But there
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again the Tribunal committed the mistake of taking the income at
Rs.2,000/- per mensum instead of Rs.3,000/- per mensum. When
Rs.3,000/- is taken, the annual loss of earning would come to
Rs.1,800 for 5% which when multiplied by 16 would come to
Rs.28,800/-. Deducting Rs.19,200/- already granted by the Tribunal
for permanent disability, the claimant will be entitled to an additional
compensation of Rs.9,600/- under that head. On all other heads,
proper compensation has been granted by the Tribunal.
In the result, the MACA is partly allowed and the claimant is
entitled to an additional compensation of Rs.11,600/- with 7 %
interest on the said sum from the date of petition till realisation. The
Insurance company is 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.1397/07 3