IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 586 of 2008() ---------------------- MVOP.905/2002 of MACT, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER IN OP (MV). ---------------------------------------------- DAVIS @ DEVASSY, S/O. CHACKO @ YACOB, NALUKETTU DESOM, KORATTY-KIZHAKKUMMURI VILLAGE, NALUKETTY P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV). ------------------------------------- 1. PREMRAJ, S/O. NARAYANAN, THANDASSERRY HOUSE, KORATTY P.O. 2. THE NEW INDIA ASSURANCE CO.LTD., MAIN ROAD, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 586 OF 2008 --------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.905/2002. The claimant while riding on his moped met with an accident resulting in injuries to him. The tribunal awarded a compensation of Rs. 50,250/- and it is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant. A perusal of the award would reveal that the claimant had sustained a fracture on the scapula and fracture on the clavicle in the right side. He had also sustained a fracture on the second phalanx on the right hand. The scan report revealed sub dural heamatoma with cerebral contusion but did not reveal any serious head injury. In para 7 of the award the tribunal has referred to the various treatments undergone by the person. Initially he was admitted on 6.4.2002 and discharged on 16.4.2002. Again he was admitted on 10.5.2002 and discharged on 13.5.2002. It was further revealed that he had undergone outpatient treatment for a period of about five months. M.A.C.A.No. 586/2008 -2- The tribunal did not accept the disability certificate issued by the doctor. The doctor has assessed the permanent disability at 16% and 12.42% for the entire body. The doctor was examined also. The petitioner had deposed that he is not in a position to lift his left hand above the shoulder level. The doctor had deposed that the assessment of permanent disability was made by him in terms of the job of the petitioner as a fish seller. He was travelling in a moped and his business is that of a fish seller. When he sustains two fractures on the clavicle as well as on the scapula besides on the phalanx, there will be certain disability for the reason he has to strain himself and do lot of manual work where the right hand has an important role to play. The tribunal should not have discarded the disability certificate totally, when the claimant is only an ordinary manual labourer like a fish seller. But percentage of disability assessed is not corroborated by medical records to fix it at 16%. But considering the factum of clavicle and scapula fracture coupled with the phalanx fracture, I am inclined to take 6% disability and workout the compensation. If 6% is the disability and Rs. 24,000/- is the annual income, the annual loss would come to Rs. 1,440/- which when multiplied with an appropriate multiplier of M.A.C.A.No. 586/2008 -3- 16 would come to Rs. 23,040/-. Over and above this, some amount has to be given under the head of loss of amenities and enjoyment for which I fix at Rs. 5,000/-, making it a total of Rs. 28,040/-. Out of this an amount of Rs. 12,000/- is awarded for the loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs. 16,040/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 16,040/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to pay the same within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm