IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 2106 of 2007() ----------------------- OPMV.766/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------------- SIVANKUTTY @ SIVANKUTTY PANICKER, S/O. KRISHNAN NAIR, KODOMPURATH HOUSE, PALLIPPURAM DESOM/VILLAGE & POST, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------------------------------------ 1. S.SUBBIAH, S/O. SUBRAMANIAN, SREE AYYAPPAN COLLEGE INDUSTRIES, V/203, PUNNAMKATTU ROAD, VATTAKKAD, KOLLEMGODE, PALAKKAD DISTRICT. 2. ALBERT, S/O. RICHARDS, NEAR SWMS SCHOOL, POUNACHIYOOR, SAMATHOOR TOWN, POLLACHI TALUK, COIMBATORE. 3. THE ORIENTAL INSURANCE CO. LTD., UDUMALPER BRANCH, TAMIL NADU. BY ADV. SRI.S.MAMMU - R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2106 OF 2007 --------------------- Dated this the 8th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 766/02. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.47,750/- with 6% interest. Aggrieved by the quantum of compensation, the claimant has come up in appeal for enhancement. 2. The main grievance of the appellant is that the disability certificate issued by the Doctor and marked in the case has been totally ignored by the Tribunal holding that it is not a certificate issued by a Medical Board. But it can be seen from the certificate that it was issued by a retired Ortho Pediatric Surgeon of Government service having more than 25 years of experience. A perusal of the certificate would reveal that it has been issued after examining the person both clinically and radiologically. The Doctor on examination found that there are difficulties for squatting, climbing and kneel down, for prolonged standing and for proper working. Clinically also MACA No. 2106/07 2 he had given a reason and thereafter had assessed the liability. But it may not be a whole body disability. Therefore I feel it is a case where very safely a minimum of 5% disability can be taken for calculation of compensation. When the annual income is taken at Rs.24,000/- as is done by the Tribunal, then for 5% disability the annual loss would come to Rs.1,200/- which when multiplied by an appropriate multiplier of 15 would come to Rs.18,000/-. The Tribunal has awarded Rs.5,000/- for loss of amenities and enjoyment in life. Deducting that amount of Rs.5,000/-, I am inclined to grant an amount of Rs.13,000/- towards additional compensation for injuries. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,000/- with 6% interest on the said sum from the date of petition till realisation. 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 vps MACA No. 2106/07 3