IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 212 of 2008(E) ------------------------------- OPMV.1185/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER ----------------------------------------- KRISHNA KUMAR, AGED 37 YEARS, SON OF KUNHUKUTTAN, NAMBI PARAMBIL HOUSE, MALAPARAMBA, CHEVAYUR POST, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): /RESPONDENTS -------------------------------------------- 1. P.VASUDEVAN NAIR, AGED 43 YEARS, SON OF APPU NAIR, SHOBIKA, VENKITESH NAIK COLONY, WEST NADAKKAVU, KOZHIKODE. 2. UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, 2ND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, KOZHIKODE. ADV. SRI.S.ARUN RAJ FOR R2 SRI.M.P.MOHAMMED ASLAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 212 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of December, 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)1185/99. The claimant, a 37 year old man sustained injuries in a road accident and he has been awarded a compensation of Rs.25,094/-. It is against that decision the claimant has come in appeal. 2. A perusal of the award would show that the claimant was referred to a Medical Board and the Medical Board has issued a certificate at 5% and it has been accepted by the Tribunal. Now, the learned counsel for the appellant had made available before me the case summary sheet issued by the Medical College Hospital, Kozhikode on an application made under the Right to Information Act. I had pursued the same. It would show that the applicant had sustained a displaced fracture of the lateral tibial condyle and it was treated by exploration and repaired. He was treated M.A.C.A. 212 OF 2008 -:2:- as an inpatient in the hospital from 28.3.99 to 1.5.99. The report of the operation would reveal that 15 c.m. long curved injury of the medial lateral ligament was found torn at the level of femoral condyle knee joint. There was continuous treatment for this person for a long number of days and ultimately he was discharged from the hospital on 1.5.99. The disability certificate would indicate that he had a fracture and there was limitation of movement but mistakenly in stead of giving the name of the claimant, his father's name is given. It is only a mistake for the reason that it was the claimant who was examined by the Medical Board and the certificate Ext.C1 had been issued. Now I proceed to determine the compensation afresh in the light of these materials. 3. On account of the ligamental injury certainly he would have been deprived from doing any work for a period of four months. At the rate of Rs.2,000/- per month I award Rs.8,000/- towards actual loss of earnings. Medical Bills are produced for Rs.1,094/- and I award a medical expense of Rs.1,100/-. He was an inpatient in the hospital for 34 long M.A.C.A. 212 OF 2008 -:3:- days and certainly there would have been somebody with him to assist him and considering the factum that the accident is of the year 1999 I award Rs.2,000/- towards bystander's expenses. Towards extra nourishment and damage to clothing I award Rs.700/-, towards transport expenses an amount of Rs.500/- is awarded. He had a long stay in the hospital and the very long injury had interfered with his movement and therefore taking into consideration that aspect I award a sum Rs.10,000/- towards pain and sufferings. When his income is taken at Rs.2,000/- and disability at 5%, the loss of earning power would be Rs.1,200/- which when multiplied by 16 would be Rs.19,200/- as permanent disability compensation. Over and above this a small amount has to be given at least towards loss of amenities and enjoyment in life which I fix at Rs.5,000/- thereby fixing the total compensation at Rs.46,500/-. The claimant has been awarded already an amount of Rs.25,100/- which on deduction from the total compensation it would come to Rs.21,400/-. M.A.C.A. 212 OF 2008 -:4:- In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.21,400/- 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/-