IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 MACA.No. 1984 of 2006() ---------------------------------- OPMV.716/2000 & 899/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ----------------------------------- ANTONY @ BABU, S/O. PAREKKADAN THEREED, KALLUTHYI DESOM, MELOOR. BY ADV. MR.T.N.MANOJ RESPONDENTS/RESPONDENTS ---------------------------------------------- * 1. SHALY THOMAS, PAYYAPILLY HOUSE, MURINGOOR DESOM, CHALAKUDY. (* DELETED) * THE 1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY, VIDE ORDER DATED 28/08/2008 IN I.A. NO.2232/2008. 2. UNNIKRISHNAN, MUNDATHINMEL HOUSE, POOLANY DESOM, MELOOR, CHALAKUDY VIA. 3. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., CHALAKUDY, R3 BY ADV. SMT.T.C.SOWMIAVATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ---------------------------- M.A.C.A.NO.1984 OF 2006 ----------------------------- Dated this the 10th day of September, 2009. JUDGMENT This is an appeal preferred against the award of the Claims Tribunal in OP(MV)No.716/2000 of MACT, Irinjalakkuda. The claimant a 39 year old businessman sustained injuries in a road accident. The Tribunal has awarded him a compensation of Rs.21,400/= with 6% interest. It is against that decision, the claimant has come up in appeal. 2. Heard both sides. The learned counsel for the appellant submits that the claimant is a business man and that he is doing business in plantain and banana and was getting an income of Rs.3,500/=. The Tribunal has just taken an income of Rs.1,500/= which I feel is inadequate and therefore, it can be fixed atleast at Rs.2,000/=. The doctor, who had issued the disability certificate had been examined as PW3 in the case and a reading of the disability certificate would show that there is slight weakness in deltoid muscles and ligaments of the shoulder and there is : 2 : M.A.C.A.NO.1984 OF 2006 restriction for shoulder movement. The doctor has fixed the disability at 12% but he had not stated the methodology used for fixing the disability. He had also deposed before the court that there was no weakness in the muscle when he was examined. So, I feel that the disability taken by the court cannot be said to be incorrect. But, I find that there are grounds where the claimant is entitled to get more compensation. They are as follows: 3. He had been admitted in a private hospital at Chalakkudy and had undergone treatment in the said hospital. Just because the bills are not produced, the court should not jump to the conclusion that no expenses had been incurred for the treatment. I am inclined to grant a minimum of Rs.1,000/= towards treatment expenses. He is a businessman and his busines involves carrying of weight as well and due to dislocation of the shoulder, he had to go to so many hospitals and that he would not have been in a position to work for a period of two months atleast. The Tribunal has awarded Rs.1,500/=. I enhance actual loss of earning by another Rs.2,500/=. The Tribunal has only : 3 : M.A.C.A.NO.1984 OF 2006 awarded a very nominal compensation of Rs.3,000/= towards pain and sufferings especially to a person has suffered dislocation of the shoulder. Dislocation of the shoulder is more painful than fracture of the clavical because it has got displaced from the original position and at each and every point of time there will be pain. Therefore, I award Rs.2,000/= more towards pain and sufferings. Similarly considering the nature of the avocation and the fact that it is his right shoulder that had been affected, I feel that there would be loss of amenities and enjoyment in life of that person for which also I enhance compensation by Rs.2,000/=. So far as disability compensation is concerend, when the income is fixed at Rs.2,000/= and percentage of disability is taken at 5% and multiplier 16 is used it come to Rs.19,200/= and therefore the claimant will be entitled to an additional compensation of Rs.4,800/ = which makes a total additional compensation of Rs.12,300/=. The Tribunal has only awarded 6% interest which is inadequate and atleast 7% has to be awarded for the entire compensation. : 4 : M.A.C.A.NO.1984 OF 2006 4. In the result, the appeal is partly alowed. The claimant is awarded an additional compensation of Rs.12,300/= with 7% interst from the date of the petition till its realisation and the insurance compnay is directed to deposit the said amount. The respondent insurance compnay is also directed to give 7% interest for the entire amount awarded. The said amount shall be deposited within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE. cl