IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 MACA.No. 3187 of 2009() ----------------------- OPMV.488/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV: ---------------------------------------------------------- POULOSE, S/O.LONAPPAN, MELEDATH HOUSE, ANNANADU DESOM, KALLUR-VADAKKUMMURI VILLAGE, ANNANADU P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. MR.P.V.BABY, MR.A.N.SANTHOSH. RESPONDENT(S): RESPONDENTS IN OPMV: ------------------------------------------------------------------ 1. RAPPAI, S/O.VARKEY, MELEDATH HOUSE, ANNANADU P.O., 2. ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. R2 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.3187 OF 2009 ............................................. Dated this the 24th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.488/2006. The claimant, a 46 year old ex service man, working as a peon in the KSFE, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.37,950/= and directed the insurance company to pay the amount. Dissatisfied with the amount awarded, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. So far as the loss of earnings is concerned, the documents produced would show that he was drawing a salary of Rs.2,450/= per month and that he was absent from duty from 25.1.2006 to 19.4.2006. So it was almost for 3 months and therefore for the loss of earnings for 84 days, I award a sum of Rs.6,500/= of which Rs.5,000/= is granted. So he is entitled to an additional compensation of Rs.1,500/=. The tribunal has accepted the disability : 2 : M.A.C.A.No.3187 OF 2009 certificate,even without examining the doctor,on sanctification that there is swelling on the left knee and the claimant is not able to bent the knee comfortably. 3. I feel that in a case of this nature when a person's patella is affected, there is swelling on his leg which will affect his mobility. When 7% disability is taken for the age of 55 and income is taken as Rs.1,500/= by using the multiplier of 9, the disability compensation would come to Rs.11,340/= of which Rs.3,600/= is granted. So, the claimant will be entitled to Rs.7,740/= for permanent disability and loss of earning power. From the age of 46 to 55 the person is working as a peon. He will be put to considerable hardship because of his difficulty in movement of the leg especially considering his job as a peon in a company. Therefore for the same suffering, I increase the compensation by Rs.6,000/= as loss of amenities thereby entitling the claimant to have an additional compensation of Rs. 15,240/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of : 3 : M.A.C.A.No.3187 OF 2009 Rs.15,240/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount 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 : 4 : M.A.C.A.No.3187 OF 2009