IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 MACA.No. 2845 of 2009() ----------------------- OPMV.91/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER: --------------------------------------------- RAJESH, AGED 35 YEARS, S/O.BALAN, BRARATH HOUSE, ARAKKAD, KANJANY, TRICHUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. RIYAS, AGED 28 YEARS, S/O.HAMEED, THOPPIYIL HOUSE, KATTOOR, THEKKEMOOLA DESOM, THRISSUR (DRIVER) 2. K.M.ASHARAF, AGED 42 YEARS, S/O.MUHAMMED, KAKKERY HOUSE, CHEMMAPPILLY, PERIMGOTTUKARA, THRISSUR (OWNER) VEHICLE NO.KL 8 T 7954 BUS. 3. THE ORIENTAL INSURANCE CO. LTD., GURUVAYOOR ROAD, KUNNAMKULAM-680 503 POLICY NO.8512/2007 VALID FROM 28.11.06 TO 27.11.07. R3 BY ADV. MR.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2845 OF 2009 ............................................. Dated this the 3rd day of March, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Ottapalam in OP(MV)No.91/2007.The claimant sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.22,370/=. Dissatisfied with the same, he has come up in appeal for enhancement. He was 35 years old at the time of the accident. 2. A perusal of the award and disability certificate would reveal that he had sustained hairline fracture of the scapula. He was admitted as an inpatient in a hospital for one day and he continued treatment and reviewed up to 19.12.2006. He was treated in a specialist hospital called West Fort Hospital. The doctor who has issued the disability certificate in the case was examined as PW2. In the disability certificate it is stated that there is wasting of the muscle strength, partial ankylosis and difficulty to hold and carry objects. So fixed the permanent disability with respect : 2 : M.A.C.A.No.2845 OF 2009 to the limb at 13%. The whole body disability was fixed at 8.5% and loss of earning capacity at 25%. A doctor, who is an Orthopedician, had also supported the certificate. 3. But in my mind also there is a doubt whether such disability will be there for a hairline fracture of the scapula. The courts are not medical experts but when doctors are examined, their evidence have to be given some weight. Taking into consideration that aspect, I am inclined to take 6% as the disability. Since he is an employee in a chitty company, he can work till the age of 55 at least and thereafter only the disability will affect his earning capacity. So fixing the income at Rs.2,000/= and applying the multiplier of 11 as per the Sarala Verma v. Delhi Transport Corporation (2009 ACJ 1298), 6% disability compensation would come to Rs.15,840/= out of which, Rs.9,600/= has already been granted. So he will be entitled to an additional compensation of Rs.6,240/=. The Tribunal has granted only a meagre amount for pain and sufferings which I am inclined to enhance by Rs.4,000/= and similarly no compensation is awarded for disability from the age of 35 to 55 also : 3 : M.A.C.A.No.2845 OF 2009 for loss of amenities. Therefore, Rs. 4,000/= is awarded for loss of amenities. Thus the total additional compensation would come to Rs.14,240/=. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,240/= with 8% 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.2845 OF 2009