IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 MACA.No. 1145 of 2007(F) ------------------------------------- OPMV.NO. 762/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR. .................... APPELLANT/PETITIONER: ------------------------------------- VIJAYAN, S/O. OMANA, KADAMKAPPALLY VEEDU, KUDAVATTOOR P.O., ODANAVATTOM, KOTTARAKKARA TALUK. BY ADV. SRI.C.RAJENDRAN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. JAYAMBIKA VISAKHAM, NALLILA P.O., KANNANALLOOR, KOLLAM. 2. N.RAJAN, RAJ BHAVANAM, PERUMPUZHA, KOLLAM. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., VANIYAPURACKAL BUILDING, TALUK OFFICE JUNCTION, KOLLAM. R3 BY ADV. SMT.M.LALITHA NAIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.1145 OF 2007 ===================== Dated this the 6th day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)No.762 of 1999. The claimant aged 35 years sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.29,060/- and it is against that decision, the claimant has come up in appeal. A perusal of the award would reveal that the claimant had sustained a fracture on the L2 spine . He was treated in the Medical College Hospital, Thiruvananthapuram from 13.11.1997 to 21.11.1997 where the fracture of the vertebra is noted. Thereafter he was treated in the District Hospital, Kollam subsequently in 2001 from 19.8.2001 to 5.9.2001. The Doctor issued a disability certificate of 17%. On a perusal of the award, I find inadequate compensation has been granted for pain and suffering which has to be enhanced by Rs.5,000/-. It has also to be remembered that the claimant was a deaf and dumb person earning his livelihood by physical labour and certainly as a fracture of the vertebra would affect his earning capacity besides his other physical disability. MACA 1145/2007 -:2:- Therefore, I feel this is a case where the disability can be easily fixed at 8.5% and when the income is taken as Rs.1,500/- and the multiplier of 17 is adopted he will be entitled to a disability compensation of Rs.26010/- and an additional compensation of Rs.5,000/- is granted towards pain and suffering. The Tribunal has already granted Rs.15,300/- under the head permanent disability which means he is entitled to Rs.10,710/- under that head as additional compensation with Rs.5,000/- more for pain and suffering thereby entitling to an additional compensation of Rs.15,710/- which I round as Rs.15,700/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.15,700/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-