IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 MACA.No. 839 of 2009() ---------------------- OPMV.318/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): -------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KODUNGALLUR NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI -18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): --------------- MANOJ, S/O. CHELLAPPAN, PUTHIYAPARAMBIL HOUSE, KUNJITHAI, VADAKKEKARA. ADV. SRI.P.V.ELIAS FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 839 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)318/04. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.78,720/-. It is against that decision the insurance company has come up in appeal challenging the quantum of compensation. 2. Learned senior counsel is fully justified in making his submission regarding the quantum that is seen awarded in this case. It is true that the claimant who is a carpenter by profession had sustained a fracture on the lateral tibial condyle and a comminuted fracture on the middle phalanx of the little finger. He was treated as an inpatient for 8 days in March, 2004 and for three days in November, 2006. The Tribunal awarded a liberal compensation of Rs.15,000/- for pain and sufferings, Rs.6,000/- for loss of earnings, Rs.22,000/- towards medical expenses, Rs.5,000/- towards M.A.C.A. 839 OF 2009 -:2:- loss of amenities and also Rs.30,720/- for his disability. I feel there was no basis before the Tribunal to fix the percentage of disability. But it is always a common practice when there is a disability seen the Tribunal fix it so as to avoid unnecessary protraction of the litigation. But here the fracture is on the lateral condyle of the tibia and also phalanx of the finger. There is nothing before the Court to show that the fractures are malunited or it has caused deformity or in what way it has affected really the person. Since he is a carpenter by profession a fracture on the tibia coupled with the fracture on the finger will have some impact on him at least for a fair length of time. Therefore I feel in the fitness of things the disability can be fixed by making a maximum disability of 4%. When the income is Rs.2,000/- and the disability is at 4% and further as per the decision of the Apex Court in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the multiplier is to be taken is 16. The disability compensation would come to Rs.960/- per annum which when multiplied by 16 would make it as M.A.C.A. 839 OF 2009 -:3:- Rs.14,460/-. An amount of Rs.30,720/- is already awarded. Therefore it would be Rs.16,260/- which has to be deducted from the total compensation of Rs.78,720/-. That would come to Rs.62,460/-. In the result the MACA is partly allowed and a modified award is passed as follows. 3. The claimant is awarded a compensation of Rs.62,460/- with 7% interest on the said sum from respondents 1 to 3 jointly and severally from the date of petition till realisation and the 3rd respondent, 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. The other directions given by the Tribunal regarding the disbursement etc. shall stand. M.N. KRISHNAN, JUDGE. ul/-