IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1235 of 2004(B) ------------------------ OPMV.384/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ------------------------------------- CHANDRAN, S/O.KARAPPAN, MANAPPULLY HOUSE, CHEMBUCHIRA, MATTATHUR, THRISSUR DISTRICT. BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. K.R.SADASIVAN, KUNDANI HOUSE, KODAKARA P.O., THRISSUR DISTRICT. 2. BALAN @ BALAKRISHNAN, S/O. VELAYUDHAN, KAMATTATHI HOUSE, CHEMBUCHIRA, MATTATHUR. 3. THE MANAGER, UNITED INDIA INSURANCE CO., CHALAKUDY., BY ADV. SRI.MATHEWS JACOB (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1235 OF 2004 ===================== Dated this the 4th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.384 of 1997. The appellant sustained a fracture of the shaft humerus in a road accident and he was awarded a compensation of Rs.20,000/- by the Tribunal. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the counsel on both sides. Learned counsel for the appellant had made available before me the evidence of Pws.1 and 2 as well as the disability certificate issued by the Doctor. Learned counsel would contend that there has been no cross examination, on the evidence of PW1 who had deposed that his daily income was Rs.100/-. So also it is stated that there is no serious challenge against the medical evidence. It is true that cross examination has not been done. But the fact remains that the accident had taken place in the year 1995 and the wage pattern during that year is the best thing to be applied and therefore I feel it can be fixed at Rs.2,000/-. It is also true that the Doctor has not done any radiological examination MACA 1235/2004 -:2:- before issuing the disability certificate. But, he has stated in his certificate that there is mild tenderness at the mid shaft of the left humerus and the muscles are little weak. It has also affected the movements of the elbow. Though I cannot accept the disability in toto at least 50% of the same can be taken up for fixing the compensation. Under the head loss of earning when the income is taken as Rs.2,000/- the claimant will be entitled to an additional compensation of Rs.2,000/-. So far as the disability compensation is concerned, the annual loss of earning would come to Rs.960/-, multiplied by 15, it will be Rs.14,400/-. The Tribunal has awarded Rs.5,000/- under the head loss of amenities, discomforts, etc., deducting that the claimant will be entitled to an additional compensation of Rs.9,400/-. An amount of Rs.2,000/- is taken as the loss of amenities since disability is calculated at the percentage basis. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.11,400/- with 7% interest on the said sum from the date of petition till realisation. The insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of MACA 1235/2004 -:3:- this judgment. M.N.KRISHNAN, JUDGE Cdp/-