IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 MACA.No. 2220 of 2008() ----------------------- OPMV.624/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): -------------- THANKKACHAN, 44 YEARS, S/O.KOCHUKUNCHU NADUPARAMBIL HOUSE, PO.MUTTITHADI, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- 1. SHANAVAS.V.M., S/O.MUSTAFFA, VALIYAKATH HOUSE, PADY PO., KODALY, THRISSUR. 2. BIJOSH, S/O.CHANDRAN, THAIPARAMBIL HOUSE 3. UNITED INDIA INSURANCE CO.LTD.PB.NO.66 ALENGADAN BUILDING, IRINJALAKUDA. ADV. SMT.M.LALITHA NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ----------------------------------------------- M.A.C.A. No. 2220 OF 2008 ----------------------------------------------- Dated this the 29th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP M.V No.624/2003. The claimant, a 44 year old man sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.20,100/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the Insurance Company. The learned counsel for the appellant would strongly contend before me that though a disability certificate showing 12% permanent disability was produced before the court below, the Tribunal did not grant any compensation and therefore, it requires interference. He made available before me a copy of the disability certificate as well as a copy of the result of the C.T Mylogram - cervical Spine. The clinical findings as well as the radiological report revealed that there were some problem to his vertebra . There was also a bulging. The Doctor who had issued the disability certificate had stated that there was painful limitation of the neck movements and recurrent attacks of neck pain and left upper limb. According to the M.A.C.A. No. 2220 OF 2008 2 Doctor, it will cause difficulty in doing manual work. The claimant is a rubber tapper by profession. It is true that there is some problems of cervical spine to the claimant even without an accident. But the accident had caused agony as well as aggravation which had resulted in bulging at some points of the cervical spine. Therefore, at least a minimum disability of 4% can be taken in this case. Applying a multiplier of 14 and income at Rs.2,000/-per mensum, the disability compensation would come to Rs.13,440/-. Over and above an amount of Rs.4,000/- is awarded towards the loss of amenities. Deducting Rs.3,000/- already granted, the additional compensation would come to Rs.14,440/- which I round as Rs.15,000/-. In the result, MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 7% interest on the said sum from the date of petition till realisation and the respondent, Insurance Company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE jma