IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 MACA.No. 3166 of 2009() ---------------------------------- OPMV.1632/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OP(MV): ----------------------------------------------------------- SHAJU, S/O.KUNJIPYLOTH, PULIYANI HOUSE, KONOOR DESOM, MURINGOOR THEKKUMMURI VILLAGE, NALUKETTU P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV): ----------------------------------------------------------------- 1. SAJAN S/O. VELAYUDHAN, THOPPIL HOUSE, ORAKAM P.O. 2. BIJESH, S/O. KUTTAN, KALARIKKAL HOUSE, ORAKAM P.O. 3. THE NEW INDIA ASSURANCE CO.LTD.,THRISSUR ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== M.A.C.A.No.3166 OF 2009 ====================== Dated this the 9th day of March 2010. JUDGMENT In spite of receipt of notice in the delay condonation application, the Insurance Company has not so far chosen to appear before the Court. Therefore, I am proceeding to dispose of the appeal. This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda as O.P(MV) No.1632/2005. The claimant who sustained injuries in a road accident has been awarded compensation of Rs.40,550/- with interest. Dissatisfied with the same, claimant has come up in appeal for enhancement. A perusal of the award would reveal that the claimant had sustained a fracture of the lower end of right radius with fracture ulnar styloid. He was an inpatient in the hospital for two days and Ext.A5 is the permanent disability certificate of 9%. M.A.C.A.No.3166 OF 2009 2 The Court had seen the person from the Court and had observed that the wrist of the person is swollen at his fracture site and he has some difficulties to use his right hand comfortably. It appears, according to the Tribunal, that there is some malunion. So, the right hand of a person had a swollen look in the fracture site with malunion. The Tribunal by mathematical proposition calculated disability at 3.5% and granted the compensation. I feel the difficulties noted are something which would certainly affect the working capacity as well as the day today life of the applicant. 2. Therefore, I am inclined to fix disability at 6% income at Rs.24,000/- and when it is calculated it will come to Rs.24,480/- out of which the Tribunal has granted Rs.14,300/- which makes an additional compensation of Rs.10,180/-. The Tribunal has not given any compensation for loss of amenities for a man who had sustained such a ways ailment at the age of 30. I grant some of Rs. 5,000/- on that head and thereby an additional compensation at M.A.C.A.No.3166 OF 2009 3 Rs.15,180/-. I think it is only omission by the Tribunal to grant interest and the normal rate of interest granted by that Tribunal is at 7%. So, I adopt the same and therefore the MACA is partly allowed and claimant awarded additional compensation of Rs.15,180/- with 7% interest on the said sum from the date of petition till realisation. The respondent Insurance Company is directed to deposit the said amount within a period of 60 days from the date of the receipt of copy of this judgment. It is also made clear the rate of interest for the amount already awarded will be also 7%. Disposed of accordingly. M.N.KRISHNAN,JUDGE. mns