IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 MACA.No. 864 of 2009() ---------------------- OPMV.889/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER: --------------------------------------------- SUNDARAN, S/O. NARAYANAN, AGED 41 YEARS, KATTAKALATHIL HOUSE, KIZHUR POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. MR.O.P.NANDAKUMAR RESPONDENT(S): RESPONDENTS 1 TO 3: --------------------------------------------------------------- 1. MUHAMMED, S/O. ALI, AGE NOT KNOWN, PADINJAKARA HOUSE, KONDOORKARA POST, KALLADIPATTA VIA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. PRAMOD, S/O. RAJAN NAIR, AGED ABOUT 34 YEARS, NOTTANKANDATH HOUSE, KIZHUR POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, IIND FLOOR, JRJ COMPLEX, MAIN ROAD, OTTAPALAM. R3 BY ADV. MR.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 864 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)889/06. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.48,100/- with 8% interest. Dissatisfied with the same the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The grievances ventilated by the learned counsel for the appellant are that in spite of examining the doctor to prove the disability certificate the Tribunal only took a permanent disability at 4% whereas it should have been taken at 7%. Secondly the compensation awarded together for loss of amenities and pain and sufferings is only Rs.8,000/- which is low when considered with the nature of injuries sustained. Learned counsel had M.A.C.A. 864 OF 2009 -:2:- made available before me a copy of the disability certificate. The copy of the disability certificate would show that the claimant had a united fracture of the medial malleolus but there was reduction in dorsi flexion and reduction. There was also implantation and there was dislocated fracture of the fibula. The Doctor found there is difficulty for walking, standing, squatting etc. and thereafter applying the guidelines for disability sustained published in the Governmental Gazette fixed the permanent disability at 7%. The Doctor had been examined to prove the disability certificate as well. Under these circumstances it was not proper on the part of the Tribunal to have reduced the disability to 4%. By virtue of the decision of the Hon'ble Supreme Court in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the appropriate multiplier has to be 15 and not 16. If the disability is taken at 7%, the income at Rs.2,500/- and the multiplier at 15, the disability compensation would come to Rs.31,500/- out of which Rs.19,200/- is granted, thus making an additional M.A.C.A. 864 OF 2009 -:3:- compensation of Rs.12,300/-. It is true that the claimant has sustained a fracture on the malleolus with dislocation, fracture of the fibula and his leg should have been under plaster cast for a considerable length of time and there would have been severe pain and loss of amenities and enjoyment in life. Therefore I fix the compensation for all the heads together at Rs.2,700/- thereby entitling the claimant an additional compensation to Rs.15,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.15,000/- with 8% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the said amount within a period of sixty days from the date of receipt of a copy of the judgment M.N. KRISHNAN, JUDGE. ul/-