IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 2909 of 2009(C) ----------------------- OPMV.1015/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER --------------------------------- JOSE JOSEPH AGE 68 YEARS S/O. JOSEPH, AKKATTU VEETTIL CHIYYARAM VILLAGE, CHIYYARAM DESOM, THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S)/ RESPONDENTS : -------------------------------------------- 1. MRIDDEN MENON, S/O. DAMODARA MENON, CHAIKKEDATH HOUSE, THAIKKATTUSSERY EDAKKUNNI VILLAGE, THRISSUR. 2. MAHESH MENON G.A. REGENCY PARK, NO.24, HAL ROAD, RICHARD'S TOWER, BANGALORE. 3. UNITED INDIA INSURANCE CO. LTD., PARK HOUSE, ROUND NORTH, THRISSUR. (POLICY NO.100606/31/06/16789 VALID FROM 30/12/05 TO 29/12/06) ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 SRI.P.SANKARANKUTTY NAIR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2909 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of February, 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)1015/06. The claimant, a 68 year old head load worker in a paper company sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.58,900/- out of which Rs.25,150/- represents medical expenses alone. The insurance company was directed to pay the amount. Aggrieved by that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant and others. The point mainly canvassed before me is regarding the disability. The Tribunal has taken only 5% disability. I had the opportunity to peruse the disability certificate produced in this case. It is issued by an Assistant Professor of Orthopedics attached to the Medical College Hospital, Thrissur. It revealed that the claimant had sustained a M.A.C.A. 2909 OF 2009 -:2:- fracture on the femur with lack of blood supply therein. The fracture was malunited and there is difficulty for him in his hip movement as well. It is also stated that there is a shortening of limb by 2.4 cm. and temporary disability is there for a long time and sustained a permanent disability of 13%. The person is aged 68 years, his nature of work is that of a head load worker. The injuries sustained is a fracture on the femur with malunion and also reduction of blood supply which will certainly affect his working capacity and there is also shortening of the limb. Considering the age of 68 I am inclined to fix the disability at 10% and calculate the compensation. When it is taken as 10% the disability compensation has to be enhanced by Rs.6,000/-. The disability certificate would show that there was temporary disability for about 8 months but at least a compensation for 6 months can be granted for the same when it is done the additional compensation would come to Rs.4,000/-. Similarly at the age of 68 when a man sustains fracture with malunion and lack of blood supply certainly it will affect his M.A.C.A. 2909 OF 2009 -:3:- day-today activities of life and therefore towards loss of amenities and enjoyment in life also I enhance the compensation by Rs.2,000/-. Thus the claimant will be entitled to an additional compensation of Rs.12,000/-. 3. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.12,000/- with 8% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-