IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 1408 of 2007() ---------------------------------- OPMV.956/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ---------------------------------------------------- CHANDRAN, S/O SANKARAN, KOLATT HOUSE, RESIDING AT KONOOR DESOM, MURINGOOR-THEKKUMMURY, NALUKETTU P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS 1 TO 3 IN OP(MV): ----------------------------------------------------------------------- 1. V.A.VIJITH, ALUKKAL HOUSE, ARANATTUKARA P.O. 2. JAMES, IMMATTY HOUSE, KAIPARAMBU, POTTEKKARA P.O. 3. MANAGER, UNITED INDIA INSURANCE CO. LTD., THRISSUR. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1408 OF 2007 ===================== Dated this the 5th day of November 2008 JUDGMENT This appeal is preferred against the judgment of the Motor Accidents Claims Tribunal, Irinjalakkuda in O.P.(MV)No.956 of 2001. The claimant sustained injuries in a road accident. He has been awarded a compensation of Rs.27,376/-. Dissatisfied with the same, the claimant has come up in appeal. 2.Heard the learned counsel for the appellant as well as the insurance company. The main grievance of the claimant is that the Tribunal has not taken the disability at 10.03% assessed by the Doctor. The Tribunal has given the reason that for a disability to the clavicle, there must be mal- union or some limitation of movement which is not seen. Therefore it reduced the disability to 4% and calculated the compensation. It can be seen from the materials available that the claimant had sustained fracture of the ribs and fracture of meta tarsal besides other injuries in the body. Taking into consideration all these aspects, I am inclined to increase the percentage of disability by 2%. When it is taken the disability compensation MA CA 1408/2007 -:2:- would come to Rs.1,440/- per year, multiplied by 11 which would be Rs.15,840/- out of which Rs.10,550/- is already granted . Therefore the claimant is granted an additional compensation of Rs.4,290/- under that head. I enhance the compensation for loss of amenities and enjoyment in life by Rs.1,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.5,290/- which I round it as Rs.5,300/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.5,300/- with 7% interest on the said sum from the date of petition till realisation and 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 Cdp/-