IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 MACA.No. 228 of 2009() ---------------------- OPMV.1659/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER ------------------------ UNNIKRISHNAN, GEETHA NIVAS, UDAYANAPURAM P.O. VADAKKEMURI, VALKOM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): RESPONDENTS -------------------------- 1. SIVANANDAN, MANAPARAMBIL HOUSE, VADAKKEKARA, MOOTHAKUNNAM P.O. PARAVUR TALUK, ERNAKULAM DIST. 2. M.P.RAJAPPAN, MANAPPARAMBIL HOUSE, MOOTHAKUNNAM P.O. PARAVUR TALUK,ERNAKULAM DIST. 3. THE NATIONAL INSURANCE COMPANY LTD., KOTTAYAM. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER,J & M.L.JOSEPH FRANCIS, J ------------------------------------------------------------------- MACA.NO.228 OF 2009 ---------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT The appellant contended before the Motor Accidents Claims Tribunal that he suffered the following injuries in a road traffic accident that occurred on December 4, 2004: Laceration of ( R ) heel with pad avulsion Fracture neck of fibula ( R ) Fracture lateral malleolus ( R ) According to the appellant, he under went treatment, initially in Indo American Brain and Spine Centre, Chemmanakary and later in Specialist Hospital, Ernakulam following necrosis of heel pad. Ext.A13 certificate issued by the Asst. Professor, Orthopeadics in the Medical College Hospital, Kottayam revealed that the appellant had the following problems: Gross scarring ( R ) heel, with sensory deficit Inability to walk on bare foot Tenderness (L) heel, shortening 2 cm (R ) lower limb Restriction of movements (R ) ankle From plangrade position no dorsi flexion possible, 25 degree plantar flexion possible. X-ray (R ) ankle and leg: Moderate soft tissue swelling present Moderate joint space narrowing Union of fracture lateral malleolus with 5 degree medial MACA.NO.228 OF 2009 2 angulation, neck of fibula with 5 degree medial angulation. The doctor certified that the appellant has got a permanent partial functional disability of 12% based on the above “clinico radiological findings and according to Mc Bride Scale, taking the body as a whole”. Though Ext.A13 certificate was available before the Tribunal, no compensation was awarded under the head of permanent partial disability. Learned counsel submits that the Tribunal was not at all justified in ignoring Ext.A13 totally. There is considerable force in the above contention. Having regard to the nature of the injuries and the impact that the said injury has caused on the appellant, we are of the view that the appellant has to be granted a lump sum of Rs.50,000/- as compensation under the head of permanent partial disability. We do so. Under all other heads the Tribunal has awarded reasonable compensation. Therefore, the appellant is not entitled to get any enhancement under the other heads. The award is modified to the above extent. A.K.BASHEER,JUDGE M.L.JOSEPH FRANCIS,JUDGE pm