IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 MACA.No. 274 of 2005() ---------------------- OPMV.344/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- MANIKANDAN K.K., S/O. KUMARAN, AGED 34 YEARS, KORANKUZHI VEEDU, THADUKKASSERI POST, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENT(S): RESPONDENTS 1 TO 3 --------------------------------- 1. C.C.SWAMINATHAN S/O. UNNI AMMA, AGE NOT KNOWN, CHALIPARAMBIL HOUSE, THADUKKASSERY POST, KERALASSERY, PALAKKAD DISTRICT 2. SWAMINATHAN S/O. CHATHAN, AGED ABOUT 29 YEARS, CHALLIPARAMBIL VEEDU, THADUKKASSERY POST, PALAKKAD DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, M.A.LANE, T.B.ROAD, PALAKKAD. ADV. SRI.JOY GEORGE FOR R3 SMT.PRAICY JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.NO. 274 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2009 JUDGMENT This is an appeal preferred against the award passed by the Motor Accidents Claims Tribunal, Ottapalam in OP (MV) No 344/1999. The claimant who sustained injury in a road accident has been awarded compensation of Rs.20,850/- and tribunal directed the 3rd respondent Insurance Company to deposit the amount. It is against that award the claimant has come up for appeal for enhancing the amount. A perusal of the award and the documents produced in the case would show that the claimant had sustained a fracture of both bones of right forearm. The Tribunal has entered into a factual finding. The accident took place on 26.8.1998. He was admitted in the Government hospital, Ottapalam on 9.11.1998. It is also seen that continued treatment thereafter. The doctor who treated him initially was examined and the claimant -3- M.A.C.A.NO.274/05 was given a permanent disability certificate assessing disability at 18%. The tribunal did not take into consideration that disability certificate at all I had gone through the disability certificate as well as the evidence of the doctor. It is seen that supination of his right forearm is possible only upto 10 degree and right elbow extension is short of 10 degrees and flexation is also short of 10 degrees. It is also revealed that dorsal angulation of right forearm is only 10 degrees. The doctor assessed 18% disability which certainly is much above the actual disability suffered by the claimant. The doctor had spoken about it and the insurance company had put a suggestion that the disability assessed is excessive. Considering the nature of the fracture similar cases which had come up before this court it is sufficient to take the disability at 4%. The income earned by the claimant is Rs.2000/- and that disability is 4% and multiplier to be used is 16 as per the decision of the apex court in Sarala Varma Vs. Delhi -3- M.A.C.A.NO.274/05 Transport Corporation 2009 ACJ 1298. Disability compensation would come to Rs.15,360/-. In the result the M.A.C.A is partly allowed and the claimant is awarded additional compensation of Rs.15,360/- with 7.5% interest on the said sum from the date of petition till the date of award and from the date of filing of this appeal till realisation and the Insurance Company is directed to deposit the amount within a period of 60 days of the copy of this judgment. M.N.KRISHNAN, JUDGE sks/-