IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 1170 of 2008(C) --------------------------------- OPMV.2431/1999 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER : ------------------------------- K.P.MOHAMMED, AGED 50 YEARS, SON OF AYAMMEDKUTTY HAJI, KARETIPARAMBA VEEDU, MANIPURAM P.O., PUTHUR AMSOM, KODIYATHUR DESOM, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS : --------------------------------------- 1. A.M.HUSSAIN, SON OF VEERAN, KOZHIYIL KANDATHIL, VAVADU P.O., KODUVALLY, KOZHIKODE. 2. NAZIR A.M., SON OF HUSSAIN.M., ANATH MEETAL VEEDU, VAVADU P.O., KODUVALLY, KOZHIKODE. 3. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, KINGSWAY BUILDING, MAVOOR ROAD JUNCTION, KOZHIKODE-673001. ADV. SRI.E.NARAYANAN - R1 & R2 SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1170 OF 2008 --------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the II Addl. Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 2431/99. The claimant sustained injuries in a road accident which resulted in injuries to his patella whereby patellectomy has to be done on 31.7.99. The Tribunal took his income at Rs.1,900/- granted temporary loss of income for six months and awarded a total compensation of Rs.28,700. It is against that decision, the claimant has come up in appeal. 2. The Tribunal felt that in the absence of a disability certificate no compensation could be given under the head of permanent disability and awarded a very nominal amount of Rs.3,000/- towards loss of amenities and enjoyment in life. The claimant is an agriculturist by profession. Patellectomy was done to him and that too at the age of 50 would have certainly caused him disablement. Therefore, a minimum of 5% disability can be taken. When the compensation is worked out at 5% disability the loss of earning would come to Rs.1,140/- which when multiplied by 11 would MACA No. 1170/08 2 come to Rs.12,540/-. Since I have granted 5% disability compensation, I do not propose to increase the loss of amenities further but rounded the same to Rs.13,000/- as additional compensation. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.13,000/- with 7 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1170/08 3