IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 MACA.No. 2357 of 2008() ----------------------- OPMV.1170/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER/APPELLANT ---------------------------------- ANTONY S/O. JOSEPH AGED 42, EDAPALLY HOUSE, KOTTENELLUR DESOM, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): RESPONDENTS ------------------------- 1. JAYARAJ S/O. KARAPPASWAMY, GOVERNMENT OF INDIA PRESS QUARTERS NO.2314 KORATTY. 2. BABU S/O. ITTOOP, MALPAN HOUSE, V.R.PURAM CHALAKUDY. 3. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., CITY HEIGHTS BUILDINGS, CHALAKUDY. ADV. SRI.ANANDARAJAN.N FOR R1 SRI.C.V.MILTON FOR R1 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2357 OF 2008 --------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1170/2003. The claimant, a 42 year old man, sustained injuries in a road accident and the tribunal has awarded a compensation of Rs. 46,350/- with a direction to the Oriental Insurance Company to deposit the amount. Above Rs. 20,000/- is covered by medical bills alone. The learned counsel had argued before me that the tribunal had gone wrong in not fixing the disability in spite of certificate being produced. The tribunal declined to accept the disability certificate on the ground that it has not been issued by a medical board. Such an approach is not proper in all cases. A perusal of the certificate would reveal that the claimant had a Grade II open fracture of both bones of the right forearm. He had internal fixation. It is stated that he has partial ankylosis at the right wrist, partial ankylosis on the ulna joint and limitation of movement and wasting of right forearm muscles. Certainly when there is such handicap, there will be disability, especially when one is engaged in M.A.C.A.No. 2357/2008 -2- manual work. I feel it is a fit case where one can take 5% disability to award compensation. When the income is fixed at Rs. 2,000/-, the disability at 5% and multiplier of 15, the disability compensation would come to Rs. 18,000/-, out of which Rs. 6,000/- has already been awarded. When it is deducted, the claimant will be entitled to an additional compensation of Rs. 12,000/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 12,000/- with 7% interest on the said sum from the date of petition till realisation. The Oriental 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