IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MACA.No. 1521 of 2007(A) -------------------------------- OPMV.1965/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------- SUBHASH KUMAR, S/O.CHATHUKUTTY, AGED 50 YEARS, 'YASHOD', KOROTHOLI HOUSE, ELATHOOR P.O., KOZHIKODE. BY ADV. SRI.R.SUDHISH RESPONDENTS: RESPONDENTS -------------------------------------- 1. P.AYOOB, S/O.USUF, PANNAPURAM HOUSE, AYYAPPANKUNNU P.O., VILAKKODA (VIA), IRITTY, KANNUR DISTRICT. 2. THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, MUNICIPAL SHOPPING COMPLEX, SOUTH BAZAR, KANNUR. BY ADV. SRI.LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1521 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1965/99. The claimant, a 42 year old man running an industry sustained injuries in a road accident. The wound certificate revealed that he had an injury in the tibial spine with anterior crush ligament and avulsion. He was treated as an inpatient in the hospital for 4 days and the award would show that he was asked to take medical review after taking rest. The Court below also obtained a disability certificate from the Medical Board but discarded it stating that it is not proved. I think it is not a proper approach. It is now settled by catena of decisions that in all the cases medical certificate need not be proved through doctors. Considering the nature of injuries including the ligamental crush with avulsion I feel at least 3% disability can be taken and when it is done and the income is fixed at Rs.1,500/- per month the annual loss \M.A.C.A. NO. 1521 OF 2007 -:2:- would come to Rs.540/- which when multiplied by 15 would be Rs.8,100/-. At least he would have been prevented from doing any work at least for a period of 2 months for which I grant another Rs.3,000/-. So the claimant will be entitled to an additional compensation of Rs.11,100/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,100/- with 6% 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/-