IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MACA.No. 862 of 2010(D) ---------------------- ( OPMV.366/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER ------------------------------------- DEVASSY.K.D, AGED 59 YEARS, S/O.KUTTIYIL DEVASSY, P.O.VALLACHIRA, THRISSUR DIST. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. P.L.JOBY, S/O.PULLAN LONAPPAN, POTTA P.O., CHALAKUDY. 2. P.C.ANTONY, S/O.PULLAN CHAKKUNNY, NEAR PANAMBILLY COLLEGE, POTTA P.O., CHALAKUDY. 3. THE ORIENTAL INSURANCE CO.LTD., CHALAKUDY BRANCH. R3 BY ADV. SRI.RAJESH THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION, ON 19.11.2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 862 OF 2010 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P. (MV)366/06. The claimant sustained injuries in a road accident on 13.4.05. The Tribunal has awarded him a compensation of Rs.60,800/- out of which Rs.31,200/- represents medical expenses alone. Dissatisfied with the award the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the claimant had sustained a fracture on the radius and also a fracture on the right tibia. The fracture on the radius would show that he had a galezzi's fracture which means a fracture on the distal radius accompanied by dislocation of the radioulnar joint. Besides this there was a fracture on the tibia. He M.A.C.A. 862 OF 2010 -:2:- was in the hospital for 11 days. He had produced a disability certificate of 10% but the Tribunal did not accept it on the ground that the Doctor was not examined and he was also not examined. It has to be remembered that the claimant had attained the age of 55 years at the time of the accident. The fracture of the hand is coupled with dislocation. Similarly the fracture of the leg is on the tibia. Certainly when you are in an advance age these types of fracture will cause at least some disability for a person. Considering the fact that he was a grocery shop business man, it may not be on the higher side if the income is taken at Rs.3,000/- per month. Towards loss of earnings for four moths the claimant will be entitle to a compensation of Rs.4,000/- more. Similarly when a minimum disability of 3% is taken and the income is fixed at Rs.36,000/- per annum and applying a multiplier of 9 as laid down in Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi M.A.C.A. 862 OF 2010 -:3:- Transport Corporation) the disability compensation would come to Rs.9,720/-. On all other heads the Tribunal has awarded a just and reasonable compensation and therefore the claimant is entitled to an additional compensation of Rs.13,720/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,720/- with 7% 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/-