IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 MACA.No. 225 of 2005() ---------------------- OPMV.1828/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT ----------------------- K.SRINIVASA PRABHU @ K.S.PRABHU, S/O.V.N.KRISHNA PRABHU, T.C.29/279, SRINIVAS, THENGAPPURA ROAD, KAITHAMUUKU, THIRUVANANTHAPURAM-24. BY ADV. SRI.K.L.NARASIMHAN SRI.A.MOHAMMED FAIZAL RESPONDENTS/RESPONDENTS --------------- 1. THE MANAGING DIRECTOR, TAMIL NADU TRANSPORT CORPORATION LTD., NAGERCOIL. 2. K.SRIKUMARA, S/O.KRISHNAN NAIR, DOOR NO.11/880, SREE RAJ BHAVAN/KATTATHURAI POST, KANIYAKUMARI DISTRICT, TAMIL NADU. ADV. SRI.SUBHASH CYRIAC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.225 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2011 JUDGMENT Basheer, J. Appellant sustained certain injuries like “lacerated axillary wound” with severely comminuted scapular fracture on the right side along with a clavicle fracture and fracture of the first and fourth ribs apart from neuropraxia of medial nerve with C5 nerve involvement. His claim petition was considered by the Tribunal and an award was passed in his favour directing the respondents herein to pay a sum of Rs. 75,250/- towards compensation with 9% interest. 2. The main grievance of the appellant is that the Tribunal has committed serious illegality in refusing to award compensation to him under the head of disability though Ext.A20 certificate issued by the Professor of Physical Medicine attached to the Medical College Hospital would clearly indicate that the appellant had suffered permanent residual disability to the extent of 15%. It is seen from the award that the Tribunal had referred to the above certificate and noted the contents thereof. It is stated in the certificate that the appellant had MACA.No.225/2005 2 suffered partial ankylosis of the right shoulder with 50% reduction of motion . The appellant had also partial ankylosis of right elbow. But the Tribunal observed that no reliance can be placed on the above certificate since the author of the certificate was not examined. 3. It is seen that the appellant was examined in the case as PW1. The Tribunal has referred to his testimony. But according to the Tribunal, no compensation could be awarded under the head of disability, since it could not be believed that his earning power would have been reduced or affected because of the disability. We are afraid the above view taken by the Tribunal is unsustainable. 4. Having regard to the nature of the injury, we are satisfied that the appellant can be awarded a lumpsum compensation of Rs. 30,000/- under the head of disability. Ordered accordingly. In all other respects, the award passed by the Tribunal is confirmed. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.225/2005 3 MACA.No.225/2005 4