IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 1471 of 2004() ---------------------------------- OPMV.837/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------------------------------- C.V. NARAYANAN, S/O. VELAYUDHAN, CHOPPARAMBIL HOUSE, PONGAM DESOM, KORATTY KIZHAKKUMMURI VILLAGE, THRISSUR DISTRICT. BY ADV.SRI. M.V.THAMBAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. JOSEPH NEDUMTHODATH, S/O. THOMAS, NEDUMTHODATH HOUSE, PONARIKULAM DESOM, ERAMALLOOR VILLAGE, COCHIN-5. 2. THE SECRETARY, ERNAKULAM JILLA CAR DRIVERS WELFARE SOCIETY, PARADISE ROAD, VYTTILA, COCHIN. 3. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., COCHIN DIVISIONAL OFFICE, AJAY VIHAR, 1ST FLOOR, P.B.NO.1715, M.G. ROAD, ERNAKULAM. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1471 OF 2004 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.837 of 1999. The claimant, aged 52 years, sustained injuries in a road accident. A perusal of the award would reveal that he had lacerated wound on lips, abrasion on the right knee, fracture of the tibia, etc. Later a portion of the award refers to the fracture of the skull as well. The claimant had produced a disability certificate and examined the Doctor and as per the certificate, the disability assessed is 12%. The Doctor has deposed that there was limitation of planter flexion of right ankle. There was mild weakness of tissue flexion of right ankle and there was functional difficulty to run, jump, walk, etc. The Tribunal took the disability at 5%, income at Rs.1,500/-, applied a multiplier of 11 and allowed the disability compensation at Rs.10,000/-. I feel considering the fact that he was running a tea shop and the difficulties noted by him would certainly affect him and therefore I am inclined to grant disability at 7% and when it is worked out, the disability MACA 1471/2004 -:2:- compensation would come to Rs.13,860/-, which I round as Rs.14,000/-, that means the claimant will be entitled to an additional compensation of Rs.4,000/- under that head. On account of the fracture of the skull, tibia and lacerated wound over the body, he had a prolonged treatment for which he would have suffered severe pain. I enhance the compensation by Rs.3,000/- under the head pain and suffering. At the age of 62 a person sustained fracture of the tibia as well as skull fracture certainly it would have resulted in loss of amenities and enjoyment in life, for which I enhance the compensation by Rs.2,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.9,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.9,000/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-