IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 MACA.No. 1643 of 2009() ------------------------------------ OPMV.1148/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER -------------------------------------- E.J. ANTONEY, C/O.CLEATUS E.J., ELANJIKKAL HOUSE, MADAYIKONAM P.O., THALAPPILLY, THRISSUR DIST. BY ADV. MR.SOJAN JAMES RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. GEORGE BENNY C.X., S/O.XAVIER, CHOOLAKKAL PARAMBIL HOUSE, KALOOR ROAD, ERNAKULAM. 2. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, JOSE TRUST BUILDING, P.B.NO.3644, CHITTOOR ROAD, KOCHI. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, II, JEWEL ARCADE, KOCHI. R3 BY ADV. SMT.K.SHERIN MOHAN, MR.S.MAMMU. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1643 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1148/04. The claimant, while riding a scooter, sustained injuries and the Tribunal has awarded a compensation of Rs.43,200/- with 7% interest and made the insurance company to pay the amount. 2. I had perused the award and the insurance company has admitted the policy. A perusal of the award would reveal that the claimant had sustained abrasions all over the body and there was fracture on the distal end of the left radius. He was an inpatient in the hospital for three days. He was an employee of Khadi Bhavan having a monthly income of Rs.5,183/-. He has also produced disability certificate of 10%. The Tribunal also has noted his condition as he was present before Court. It is stated therein that presently the petitioner has a swollen right wrist with M.A.C.A. 1643 OF 2009 -:2:- bulging of bone. Thereafter the Tribunal fixed the disability at 4% and decided to award the compensation. I feel the Tribunal was not right in fixing the disability compensation in the way in which it has been done. Till the age of 55 he would not have suffered from any loss of earnings but after 55 he is a person who can do work and I feel there cannot be any difficulty to fix the income a Rs.2,000/- at that point of time. When the disability is taken as 5% and income at Rs.2,000/- and a multiplier of 9 is used the disability compensation would come to Rs.10,800/-. It has to be remembered that the person had sustained injuries but awarded disability compensation on account of his employment only from the age of 55. Therefore he has to be supplemented with some compensation for loss of amenities and enjoyment and therefore I grant Rs.5,000/- under that head. It has also to be seen that the Tribunal has only given Rs.8,000/- as compensation for pain and sufferings. Here is a person who had sustained a fracture on the distal end of radius and on account of the fracture had sustained M.A.C.A. 1643 OF 2009 -:3:- disfiguration and there is bulging and it is swelling even in the year 2008. So it is certain that he would have suffered agonizing pain and therefore I award Rs.4,000/- more under the head of pain and sufferings. On all other heads the Tribunal has awarded reasonable compensation. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.9,000/- with 7% interest on the said sum from the date of petition till realisation and the 2nd respondent, United India Insurance Company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.