IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 MACA.No. 1825 of 2005(B) ------------------------------------ OPMV.38/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER : ------------------------------------- AJESH, S/O. RADHAKRISHNAN NAIR, AKKARAPARAMBIL HOUSE, KUNNENKALLU BHAGAM, EDAVETTY KARA, KARIKODE VILLAGE. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS/RESPONDENTS : ----------------------------------------------- 1. BIJU KUMAR. K.S., KATTAMPILLIL HOUSE, KADAYATHUR P.O., THODUPUZHA. 2. NATIONAL INSURANCE CO.LTD., THRIPUNITHURA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : pac M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1825 OF 2005 = = = = = = = = = = = = = = = Dated this the 11th day of July, 2008. J U D G M E N T When the matter came up for admission, before that notice had already been issued to the respondents in the delay condonation application. They have not entered appearance. Therefore I do not propose to issue fresh notice again. The appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV) 38/03. The claimant sustained a fracture on the left forearm with some deformity. He claimed to be a mechanic and the Tribunal fixed his income at Rs.2,000/-. The main grievance is regarding the inadequacy of compensation under the head of permanent disability for the reason that the Tribunal did not accept the disability certificate as such. Disability certificate would show 12% but the Tribunal took it as only 4% and calculated the compensation. I feel a little increase has to be there for the reason that even at the time of admission there was deformity on account of the accident M.A.C.A. 1825 OF 2005 -:2:- with laceration on the left forearm. Therefore I increase the percentage of disability to 6% and when for the additional 2% the compensation is calculated the annual loss of earnings would be Rs.480/- which when multiplied with a proper multiplier of 16 would be Rs.7,680. On all other heads the Tribunal has given reasonable compensation. 2. The learned counsel would submit that no amount had been given for loss of marital prospectus. Merely because there is a fracture one cannot jump to the conclusion that the marriage prospectus are bleak. There is nothing to show that he remained unmarried or has affected his prospectus. Therefore I dispose of the MACA awarding an amount of Rs.7,680/- as additional compensation. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,680/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-