IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 672 of 2004() -------------------------------- OPMV.1421/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER --------------------- RADHAKRISHNA KURUP, AMBADIYIL HOUSE, PACHADY P.O., CHARALMEDU, NEDUMKANDAM, IDUKKI. BY ADV. SMT.BETTY K.ALUKKA RESPONDENTS: RESPONDENTS ------------------------ 1. SHIHABUDEEN, MODECHALIL, ERATTUPETTA. 2. MATHAI THOMAS, PALAVELIL, KURAVILANGADU. 3. NEW INDIA INSURANCE CO.LTD., KOTTAYAM. ADV. SRI.BABY THOMAS FOR R1 SRI.ROJO J.THURUTHIPARA FOR R1 SRI.GIGIMON ISSAC FOR R1 SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.672 OF 2004 ===================== Dated this the 24th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1421 of 1996. The Tribunal has awarded a compensation of Rs.24,000/- with 6% interest and it is against that decision the claimant has preferred this appeal. A perusal of the award and also the disability certificate would reveal that the claimant had sustained a cut injury on the right leg and was treated in the hospital as an inpatient for a period of 10 days. Ext.A7 is the disability certificate fixing the disability at 6%. The Tribunal fixed his income at Rs.1,500/-, awarded Rs.4,500/- towards compensation for loss of earning for 3 months, for treatment expenses Rs.1,000/-, transport and bystander expenses Rs.500/- each and Rs.7,500/- towards pain and suffering. The Tribunal did not consider the disability certificate at all, but granted a consolidated sum of Rs.10,000/- for loss of amenities. The disability certificate is issued by an Orthopedic Surgeon, which reveals that the claimant had a very bad injury on the calf muscle and there had been wasting of calf muscles with fibrosis MACA 672/2004 -:2:- leading to limitation of terminal dorsiflexion of the ankle(R) and fixed the disability at 6%. The nature of injury certainly is on the calf muscle which will affect an agricultural labourer. Therefore I feel at least 4% can be taken as the disability to work out the compensation. When it is taken as 4% and the income at Rs.18,000/- per annum is taken then and the actual loss of earning will come to Rs.720/- which when multiplied by 13 it will come to Rs.9,360/-. Over and above this, an amount of at least Rs.5,000/- can be awarded for the loss of amenities and enjoyment in life. So the amount under these heads would come to Rs.14,360/-, out of which Rs.10,000/- is already awarded. Therefore the claimant will be entitled to an additional compensation of Rs.4,360/-. On all other heads there is sufficient compensation. MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.4,360/- 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 MACA 672/2004 -:3:- Cdp/-