IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 283 of 2004() ---------------------- OPMV.1622/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT. ---------------------------------- RADHAKRISHNA, S/O.RAMASWAMY, URIYANADU KUNATHUKARA VEEDU, N.C.C.ROAD, PEROORKADA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENT(S): RESPONDENTS. --------------------------- 1. ASHRAFUDEEN, PALAVILAYIL, KANNAMCODE, ADOO P.O.R PATHANAMTHITTA. 2. SURESH BABU, S/O.KUTTAN PILLAI, PANDANATTU VEEDU, NEDUMKOLAM, MEEADUM KOLLAM DISTRICT. 3. M.S.NOUSHAD,S/O.MUHAMMED SALI,M.S.MANZIL KOCHALUMMOODU, MUDAPPURAM VIA, KEEZHUVALAM, THIRUVANANTHAPURAM DISTRICT. 4. M/S.ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, THAKARAPARAMBU JUNCTION, THIRUVANANTHAPURAM. ADV. SRI.A.R.GEORGE FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON 08/12/2009 PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR AND C.K.ABDUL REHIM. J.J -------------------------------------------- M.A.C.A.No.283 of 2004 ------------------------------------ Dated this the 8th day of December, 2009 J U D G M E N T C.K.Abdul Rehim.J 1. The claimant before the Tribunal is in appeal seeking enhancement of the quantum of the compensation awarded. The accident occurred when a Mini Lorry hit against the motor cycle on which the appellant was riding. The appellant is a 'Tinker', aged 33 years at the time of accident. The appellant sustained segmental fracture of left femur, inter condylar fracture of left femur, compound fracture of left radius, fracture distal 3rd of left tibia, compound fracture lower end of right radius, fracture of right ankle and fracture of right tibia, along with lacerated injuries. He was treated at the Medical College Hospital, Thiruvananthapuram as inpatient for a considerably long period. Thereafter he continued treatment as outpatient. The injuries sustained had resulted in permanent disability which is assessed as 30% as per Ext.A11 Disability Certificate. The Tribunal awarded compensation adopting the M.A.C.A.No.283 of 2004 2 disability at 20% and multiplier of 17. The monthly income of the appellant was fixed at Rs.1,800/- for the purpose of computation. A total compensation of Rs.1,72,940/- (Rupees One Lakh Seventy Two Thousand Nine Hundred and Forty only) was awarded. 2. Heard, the learned counsel for the appellant and standing counsel for the fourth respondent. The appellant contended that inspite of production of Ext.A11 Certificate and inspite of examination of Pw2 Doctor, who had issued the certificate, the Tribunal had reduced the extent of disability from 30% to 20%, without any basis . It is also contended that monthly income adopted by the Tribunal at Rs.1,800/- (Rupees One Thousand and Eight Hundred only) is highly inadequate. 3. On an anxious consideration of the award and on evaluating the evidence record, we notice that the appellant had not produced any documentary evidence to prove his occupation and income. However, considering the fact that the appellant is a skilled worker as a 'Tinker', we are inclined to re-fix his monthly income at M.A.C.A.No.283 of 2004 3 Rs.2,000/- (Rupees Two Thousand only). We further notice that Ext.A11 Disability Certificate was proved in evidence by examination of Pw2 Doctor. The elaborate testimony of Pw2 narrates the incapacities, difficulties and discomforts of the appellant. But the Tribunal without stating any reason had adopted the disability only at 20%, instead of the specific assessment at 30%. Hence we are inclined to adopt the extent of disability at 30% itself. Computed on the above basis, compensation for permanent disability and loss of earning power need be re-fixed at Rs.1,22,400/- (Rupees One Lakh Twenty Two Thousand and Four Hundred only) [ 2000 X 12 X 17 X 30% ]. This will entitle the appellant for an enhancement of Rs.48,960/- (Rupees Forty Eight Thousand Nine Hundred and Sixty only) [Rs.1,22,400 - Rs.73,400]. 4. In the result the appeal is allowed in part enhancing the total compensation of Rs.1,72,940/- (Rupees One Lakh Seventy Two Thousand Nine Hundred and Forty only) awarded by the Tribunal by a further sum of Rs.48,960/-(Rupees Forty Eight Thousand Nine M.A.C.A.No.283 of 2004 4 Hundred and Sixty only), which will carry interest at the rate of 7.5% per annum from the date of the claim petition till payment. The fourth respondent Insurance Company is directed to make payment of the amount within a period of 2 months from the date of receipt of this judgment. C.N.RAMACHANDRAN NAIR, JUDGE C.K.ABDUL REHIM, JUDGE ssn