IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 MACA.No. 1238 of 2008(D) ------------------------------------- O.P.(MV).NO.956/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM. .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ THE NEW INDIA ASSURANCE CO.LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.V.P.K.PANICKER. RESPONDENTS/ RESPONDENTS 1 & 2 & PETITIONERS: ------------------------------------------------------------------------------- 1. K.P.DINESAN, S/O.CHATHU, KIZHAKKE PUNATHIL (HO), NARAYANA NAGARAM, VADAKARA - 673 101. 2. DASAN, S/O.CHATHU, RESIDING AT ONNAMTHIRIKKAL (HOUSE), CHORODE AMSOM, KURIKKILAD. 3. BHASKARAN.V. S/O.VIYYOTH KANNAN MASTER, RESIDING AT 'ABHAYAM' NEAR NEW BUS STAND, VATAKARA - 673 101. ADV. SRI.K.RAKESH ROSHAN FOR R3, ADV. SMT.THUSHARA.V FOR R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1238/2008-D: ORDER ON I.A. NO. 1478/2008 IN M.A.C.A. NO. 1238/2008-D DISMISSED 20/08/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1238 OF 2008 = = = = = = = = = = = = = = = Dated this the 20th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)956/04. The claimant, aged 58 years, a pensioner and working as an administrator of Gokulam Public School sustained injuries in a road accident and he had contusion and swelling on the left elbow which revealed later that he had sustained a comminuted fracture of the left radial head. He was treated as an inpatient in the hospital from 12.7.04 to 15.7.04. The Tribunal granted him Rs.10,000/- towards compensation for pain and sufferings. He was granted Rs.600/- for hospital expenses, Rs.1,000/- for bystander's expenses and extra nourishment and Rs.3,000/- for the mental shock suffered by him. I feel this is a head under which the Tribunal should not have granted any amount. The Tribunal found that his pension was Rs.5,126/- and salary was Rs.7,000/-. The Tribunal presumed that he would not have worked for two M.A.C.A. 1238 OF 2008 -:2:- months. It can be seen that the injury sustained by him is only a fracture on the radial head of the left hand. He was working as an administrator only for which one does not require physical exertion. So I feel this is a fit case where the loss of income need be granted for only one month. So Rs.7,000/- has to be deducted under that head and another Rs.3,000/- has to be deducted for mental shock. 2. Then the next question is regarding the disability compensation. The Tribunal took his income at Rs.12,126/-, i.e., Rs.7,000/- towards salary obtained as an administrator and Rs.5,126/- as pension and calculated the compensation. I am afraid that such a calculation is not correct. Irrespective of the injury sustained there will not be any deprivation of the pensionery benefits and so also fracture of the hand has not caused him the loss of job so as to compensate him 100% for the same. I feel the Tribunal should have limited it to a reasonable income and calculated the disability compensation. I fix it Rs.3,500/- and when it is worked out at 3% with a multiplier of 8 it would come to M.A.C.A. 1238 OF 2008 -:3:- Rs.10,080/- which means that the compensation has to be deducted to a tune of Rs.24,842/-. 3. So from these discussions the total compensation to be deducted would come to Rs.34,842/- which means the revised compensation to be fixed would be only Rs.41,444/-. So the MACA is partly allowed and a revised award is passed as follows. 4. The claimant is awarded a compensation of Rs.41,444/- with 6% interest on the said sum from the date of petition till realisation and Rs.2,000/- as costs. The order of deposit passed by the Tribunal shall be maintained. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-