IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MFA.No. 1174 of 2001(D) --------------------------------- OPMV.582/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN L.A./PETITIONER IN O.P.(MV) --------------------------------------------------------------------------------- ANTONY.K.D, @ ANTO, S/O.DEVASSIA, EDAKKANDI HOUSE, KUTHIRAVATTOM.P.O., KASBA AMSOM KOOTOOLI DESOM, CALICUT. BY ADV. SRI.THOMAS ANTONY SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN O.P.(MV). --------------------------------------------------------------- 1. O.ASHARAF, S/O.KUNHAMMAD, OLAVANGARA HOUSE, VELLI PARAMBA, KUTTIKKATTOR.P.O., CALICUT. 2. E.ALI, S/O.KUNIAYAIN, AMBALAPPADI HOUSE, KALIKAVU, MALAPPURAM. 3. M/S. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, JUBILEE SQRS. SHOPPING COMPLEX, HOSPITAL ROAD, TELLICHERRY. BY ADV. SRI.PMM.NAJEEB KHAN - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1174 OF 2001 = = = = = = = = = = = = = = = Dated this the 17th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in OP(MV)582/90. The claimant had sustained an injury on the nose besides a fracture of the nasal bone. He was treated as an inpatient in the Medical College Hospital, Kozhikode for a day. Thereafter he got himself discharged and got admitted in a private nursing home called Rajendra Nursing Home. The award of the Tribunal would reveal, on examination from there, it was found that the claimant had sustained a fracture on the transverse process of the 3rd and 4th lumbar vertebra. The Tribunal did not consider regarding any disability and awarded a compensation of Rs.15,000/- for pain and sufferings, Rs.2,000/- towards medical expenses, Rs.1,500/- towards incidental expenses and Rs.1,500/- towards compensation for loss of actual earnings. MFA 1174 of 2001 -2- 2. Subsequently an application was filed for review along with a disability certificate, a copy of which is made available to me. The Doctor has certified regarding the fracture of the nasal bone as well as the fracture of the L3 and L4 spine and it is further stated that he has got a recurring attack of sinusitis besides stiffness of the spine and therefore he will not be able to squat or walk freely. Taking into consideration all these aspects the disability is assessed at 15%. At the same time, it has to be stated that this Doctor was not examined. But the fact remains that there was a fracture of the nasal bone as well as lumbar vertebra, there is nothing wrong in at least fixing the disability at 7%. If the disability is taken at 7% and income at Rs.1,500/-, then the loss of earnings would come to Rs.1,260/- per annum and by applying a multiplier of 16, the disability compensation would come to Rs.20,160/-. Therefore the claimant is entitled to an additional compensation of Rs.20,160/-. In the result the MFA is partly allowed and the claimant is awarded an additional compensation of Rs.20,160/- with 7% MFA 1174 of 2001 -3- 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 ninety days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/- MFA 1174 of 2001 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 85 OF 2000 = = = = = = = = = = = J U D G M E N T 17th June, 2008.