IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 MACA.No. 9 of 2010() -------------------- OPMV.532/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER: --------------------------------------------- JESSY THOMAS, W/O.PAREKADAN THOMAS, VENGINISSERY DESOM, VILLAGE, PARALAM P.O., THRISSUR DISTRICT. C/O.PAREKADAN HOUSE, NADAVARAMBA DESOM, VELOOKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.V.BINOY RAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SANTHOSH, S/O.VIYYATH VASU, PADAVARADU DESOM, KUTTANELLUR P.O., OLLUR VILLAGE, THRISSUR DISTRICT. 2. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., ROUND NORTH, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 9 OF 2010 = = = = = = = = = = = = = = = Dated this the 17th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)532/06. The claimant, a sweeper attached to the Catholic Syrian Bank sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.26,000/-. It is for enhancement of that amount the appeal is preferred. A perusal of the award itself would show that there was an avulsion fracture of the superior acetabular rim at the right side. She produced a disability certificate of 9% which was not accepted by the Tribunal but was considered for awarding loss of amenities and enjoyment in life. The learned Tribunal had observed from open Court that there is slight stiffness on the claimant's hip due to which she is not able to bend down fully and comfortably. So it is very clear that for a person who is employed as a sweeper where the M.A.C.A. 9 OF 2010 -:2:- bending process is more certainly it would cause disability and it is true that as she continues her job in the Catholic Syrian Bank she may not lose income till retirement. But after retirement she may not be able to do the same work and as the age progresses it may put her into difficulty as well. Therefore I am inclined to take the disability at 5%, income at Rs.24,000/- per annum with a multiplier of 7 which makes a disability compensation of Rs.8,400/-. Over and above this Rs.5,000/- is granted towards loss of amenities and enjoyment in life making a total compensation of Rs.13,400/- out of which Rs.6,000/- is awarded and therefore the claimant will be entitled to an additional compensation of Rs.7,400/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.7,400/- with 7% interest on the said sum from the date of petition till realisation and the 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. M.N. KRISHNAN, JUDGE. ul/-