IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 2892 of 2008() ---------------------------------- OPMV. NOS.1340/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- PAULSON, S/O.CHAKKUNNI, AREEKKADAN HOUSE, ALOOR DESOM/ VILLAGE & PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------------------------------------------- 1. A.V. BABU, S/O.VELAYUDHAN, ARIMMEL HOUSE, VELLANCHIRA.P.O. 2. BINOSH, S/O.BHASKARAN, PULICKAL HOUSE, POTTA. 3. THE NATIONAL INSURANCE CO.LTD, MUNICIPAL SHOPPING COMPLEX, MAIN ROAD, NORTH PARUR-683 513. R3 BY ADV. SMT.SARAH SALVY R1 BY ADV. MR.T.N.MANOJ . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2892 OF 2008 ............................................. Dated this the 7th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.1340/2003. The claimant, a 53 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.53,200/= of which Rs.31,850/= represents medical expenses. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of Para-6 of the award would reveal that the claimant had sustained a lacerated wound over the left frontal area, a punctured wound over the left forearm. The radiological examination revealed fracture of the left ulna and dislocation of the radial head. He was inpatient in the hospital for 6 days and he had expended a sum of Rs.32,000/= for medical expenses. Ext.A7 disability certificate was produced before the Tribunal but it was rejected on the ground that the : 2 : M.A.C.A.NO.2892 OF 2008 certificate is not issued by a medical board. It has to be remembered that a man aged 53 years sustains a fracture of the ulna with dislocation of the radial head, certainly when it is suffered at the age of 53 there would be difficulties for a proper reunion of the fracture and it will also create problems considering the age of the person. It is true that the doctor has not been examined. It can be safely be held that there would have been some difficulty for the man on account of the injuries. So, I feel it is fit to take the disability at 4% and to calculate the compensation. When the income is fixed at Rs.2,000/= and the disability is at 4% and the multiplier of 11 is used it would come to Rs.10,560/=. Since already an amount of Rs.5,000/= has been awarded towards loss of amenities and enjoyment in life, no further addition is necessary on that head. 3. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,560/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a : 3 : M.A.C.A.NO.2892 OF 2008 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.2892 OF 2008