IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 M.A.C.A.No. 1566 of 2006(B) ----------------------- OP(MV).409/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD .................... APPELLANT/3RD RESPONDENT: --------------------------------------------- NATIONAL INSURANCE COMPANY LTD., PATHANAMTHITTA REP. BY MANAGER, MTPD, R.O.KOCHI. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT/ CLAIMANT: ------------------------------------- T.M.VARKEY, S/O.MATHAI, AGED 31 YEARS, THEKKILAKKATTIL HOUSE, MANJOORA POST, KAVUMANNAM, THARIODE AMSOM DESOM, VYTHI TALUK. BY ADVS. SRI.T.KURIAKOSE PETER SRI.ABRAHAM P.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.A.C.A.No. 1566/06 ORDER ON I.A.No. 1800/06 IN M.A.C.A.No. 1566/06 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 29.07.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J ===================== MACA No.1566 OF 2006 ===================== Dated this the 29th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)No.409 of 1996. The claimant, a 32 year old man, sustained injuries in a road accident and he has been awarded a compensation of Rs.58,372/- by the Tribunal. A perusal of the treatment record would reveal that he had multiple abrasion over forehead and scalp, laceration on the over left eyebrow and he had black eye and was treated in the hospital as an inpatient for about 15 days. Ext.A5 is the disability certificate which would indicate that the Doctor has assessed his disability at 10%. The Tribunal took it as 7%, fixed his income at Rs.2,400/- and awarded compensation. A perusal of the documents available would show that he did not have any serious injury, but it is a fact that he remained unconscious for about 3 days. Even the disability certificate issued by the Doctor would show that it is only a normal injury. But without assigning any reasons, he has just fixed the disability at 10% and issued a disability certificate. Being a manual labourer by profession, that too a head load MACA 1566/2006 -:2:- worker, an injury on the head may cause problem, especially when he had a black eye and a period of hospitalisation for a period of two weeks. There is no follow up treatment as well. So only a minimum disability can be taken into consideration. I fix his income at Rs.2,000/-, take the disability at 3% and when compensation is calculated for loss of earning per year, it would be Rs.720/- which when multiplied by 17 would come to Rs.12,240/-. The Tribunal has awarded Rs.34,272/- and deducting Rs.12,240/- the excess amount awarded under that head will be Rs.22,032/-. Similarly, the Tribunal has also awarded a huge amount for pain and suffering which can be reduced to Rs.2,000/-. Over and above this, again for loss of earning an amount of Rs.1,100/- which is also liable to be deducted. Towards medical expenses and loss of amenities together, Rs.9,000/- is awarded. I do not want to interfere with the same. The excess, i.e. Rs.25132/-, when it is deducted, the entitlement would come to Rs.33,240/-. Therefore the award passed by the Tribunal is modified and the claimant is given an amount of Rs.33,240/-. Therefore MACA is partly allowed and the claimant is entitled to an amount of Rs.33,240/- with 6% interest 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. Needless MACA 1566/2006 -:3:- to say that any amount deposited shall be given credit to and the balance amount alone need be deposited or paid. M.N.KRISHNAN, JUDGE Cdp/-