IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 1465 of 2004(C) ----------------------- OPMV.522/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT:PETITIONER IN OPMV ----------------------------------- SIMON, S/O.OUSEPH, PARAPPULLY HOUSE, VELLIKULANGARA P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OPMV --------------------------------------------- 1. C.C.SHAJU, S/O.CHAKKAPPAN, CHAKKEDATH HOUSE, KAROOR, KALLETTUMKARA. 2. THE ORIENTAL INSURANCE CO., CITY HEIGHTS BUILDINGS, SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.M.JACOB MURICKAN FOR R2 SRI.A.K.RAMACHANDRAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1465 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of July, 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)522/97. The claimant sustained a fracture on the medial malleolus and fracture of the fibula and was treated as an inpatient in the hospital at Kodali. The Doctor issued a disability certificate at 12%. The Doctor was examined and the Tribunal found that there is difficulty for the patient to walk fast, to stand for long time, to run, to jump, to turn round and to carry heavy weight. It is also submitted that he was finding it difficult for doing manual work. The claimant was aged 26 years. The Tribunal took the disability only at 5% which I enhance to 7%. Though the doctor's certificate shows it at 12%, it cannot be accepted as such without evidence. If it is taken so, the disability compensation at the rate of Rs.1,500/- per month, per year it would be Rs.1,260/- and when multiplied by 18 it would come to Rs.22,680/- after M.A.C.A. 1465 OF 2004 -:2:- deducting Rs.16,200/- already granted, the additional compensation under that head would come to Rs.6,480/-. The Tribunal has only awarded Rs.4,000/- for pain and sufferings which appears to be inadequate. Considering the two fractures he had sustained and the hospitalisation he had undergone I allow Rs.2,000/- more under that head. Therefore the claimant will be entitled to an additional compensation of Rs.8,480/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.8,480/- 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/-