IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 1228 of 2006() --------------------------------- OPMV.417/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------------------- SUSHAMA, D/O. SUBRAMANIAN, EZHUPURATH HOUSE, P.O. PULLUR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS IN OP(MV): -------------------------------------------------------------- 1. A.P. JOSE, S/O. POULOSE, AKKARAKKARAN HOUSE, PULLUR P.O. 2. PRADEEPAN, MULLASSERY HOUSE, PULLUR P.O. 3. MANAGER, NATIONAL INSURANCE CO.LTD., IRINJALAKUDA. BY ADV. SRI.JOE KALLIATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1228 OF 2006 = = = = = = = = = = = = = = = Dated this the 19th 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, Irinjalakuda in O.P.(MV)417/00. The claimant a lady aged 48 years sustained injuries in a road accident and the Tribunal awarded a total compensation of Rs.17,220/-. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. It can be seen that the claimant had sustained a fracture on the right clavicle besides a crush injury on the right leg. She had also produced a disability certificate issued by one Dr.C.P. Johny and he had been examined as PW2. A perusal of the disability certificate would reveal that she has got a mal- united fracture, tenderness at the fracture site, partial ankylosis of the shoulder scapula affecting the movement as a result of which there is difficulty to hold and carry objects. The Doctor prescribed 15% disability as per the MC Bride M.A.C.A. 1228 OF 2006 -:2:- Scale. The Tribunal has only taken 4% disability. I feel this is inadequate when it is proved by the Doctor as well but it relates to the disability of the functional unit and therefore the whole body disability can be taken at 6% and compensation can be calculated in that angle. It is desirable that the income is fixed at Rs.1,750/- for the lady for the reason, besides a worker she is a house-wife as well. Therefore if it is considered at Rs.1,750/-, the annual loss of earning at 6% will come to Rs.1,260/- and applying a multiplier of 11 it would be Rs.13,860/-. So the difference would come to Rs.5,940/-. The Tribunal has not awarded any compensation for medical expenses which I fix at Rs.1,000/-. It has only awarded a compensation of Rs.5,000/- for pain and sufferings and Rs.1,000/- for loss of amenities. Considering the fact that the lady aged 48 years had sustained a clavicle and crush injury on the leg that too on the right side it appears to be not reasonable and therefore I enhance the compensation under those two heads collectively at Rs.3,000/- making it a total of Rs.9,940/- which I round as Rs.10,000/-. M.A.C.A. 1228 OF 2006 -:3:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,000/- 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/-