IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 2570 of 2008() ------------------------------------ OPMV.2411/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ P.J.MATHEW, S/O. JOSEPH, AGED 55 YEARS, PENDANATH HOUSE, AMBAYITHODU POST PERAVUR-VIA, KANNUR. BY ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.M.RAMADASAN, S/O.KANDAKUTTY, KIZHUMADATHIL VEEDU, PANTHEERANKAVU POST, KOZHIKODE. 2. M.RAVI, S/O.GANGADHARAN, AGED 26 YEARS,MUNDAKKAL HOUSE, PERUVAYAL AMSOM, KOZHIKODE. 3. THE NATIONAL INSURANCE CO.LTD. MAVOOR RAOD, KOZHIKODE. R1 BY ADVS. MR.R.SUDHISH, SMT.M.MANJU. R3 BY SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... MACA.NO.2570 OF 2008 ............................................. Dated this the 22nd day of September, 2009 J U D G M E N T Admit. Issue notice. Notice to R2 dispensed with as the policy is admitted. R3 has entered appearance. 2. This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2411/2001. The claimant a 55 year old man working as a cook sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.25,000/=. It is against that decision, the claimant has come up in appeal for enhancement. 3. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the wound certificate would show that the claimant had sustained tenderness on the cervical spine and upper dorsal spine and swelling over occipital region of the scalp. The radiological examination would reveal that he had a fracture of D7 spine. Subsequently he had been examined by a medical board as well. The reference card of the Medical : 2 : MACA.NO.2570 OF 2008 College would reveal that the claimant was suffering from comprised fracture of D5 D7 without neurological deficit and he was a diabetic patient. The disability certificate is issued by a medical board constituted by the hospital which included specialists in physical medicines as well as in orthopedics. The medical board fixed the permanent disability of the person at 25%. It is found that disability is due to restriction in bending, lifting etc and fixed the disability at 25%. Most probably his disability is fixed with reference to the particular avocation and not a whole body disability. But when a 55 year old man sustained compressed fracture of the spine and it needed prolonged treatment, certainly it would result in disability to carry on the work especially that of a cook which requires large number of bending as well as weight lifting. Therefore, in the fitness of things at least 12% disability can be taken. Being a cook, aged 55 years in a hotel, income of Rs.2,500/= per mensem can never be on the higher side. So, when it is worked out at the rate of 12% with a multiplier of 11, the disability compensation would come to Rs.39,600/=. : 3 : MACA.NO.2570 OF 2008 For loss of amenities and enjoyment in life, an amount of Rs.5,000/= has to be awarded making it a total compensation of Rs.44,600/= and when Rs.8,000/= already granted is deducted, it will come to Rs.36,600/=. Then when the loss of earnings is calculated at a rate of Rs.2,500/= the additional compensation would come to Rs.1,500/= and towards the bystanders and other expenses for a long term hositalisation of 29 days, I grant Rs.1,000/= making Rs.39,100/= and rounding it as Rs.39,000/=. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.39,000/= with 7.5% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. The prayer for withdrawal be considered sympathetically. M.N.KRISHNAN, JUDGE cl : 4 : MACA.NO.2570 OF 2008