IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 577 of 2003() ---------------------- OPMV.964/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/CLAIMANT: ------------------------------------ IBRAHIM, AGED 67 YEARS, S/O. ALIKUTTY, PALLIPURATH HOUSE, EZHUMANGAD DESOM CHETTIPADI, IRINKUTTUR P.O., THIRUMITTAKODE, PALAKKAD DISTRICT. BY ADV. SRI.C.A.CHACKO SRI.I.J.AUGUSTINE RESPONDENTS/ RESPONDENTS IN THE O.P: ------------------------------------ 1. P.ABDUL JABBAR, S/O. KUNHAPPU, PATHIRAKUZHIYIL HOUSE, P.O. KOZHIKKATTIRI, PATTAMBI (OWNER OF AUTORICKSHAW NO.KL-10/1630) 2. MARAKKAR, S/O. MUHAMMED, PADAPARAMBIL HOUSE, KOZHIKKATTIRI, PATTAMBI (DRIVER OF AUTORICKSHAW NO.KL-10/1630). 3. THE ORIENTAL INSURANCE COMPANY LTD., `PRANAVAM', MELE PATTAMBI, PATTAMBI-679 306. BY ADV. SRI.SANTHEEP ANKARATH FOR R2 SRI.P.V.JYOTHI PRASAD FOR R3 SRI.SANTHEEP ANKARATH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 577 OF 2003 --------------------- Dated this the 26th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ottapalam, in OP(MV) 964/01. The claimant, aged 65 years a businessman by profession, sustained injuries in a road accident and the Tribunal awarded a sum of Rs.39,650/-. It is against that decision, the present appeal is preferred by the claimant. 2. A perusal of the award would reveal that he had suffered type III compound comminuted fracture of both bones. The disability certificate issued would reveal that there was an ulna deviation in the union of the fracture. There was also restriction of movements and an early osteoarthritic changes. The disability is fixed at 8%. The Tribunal awarded a reasonable amount for pain and suffering, medical expenses etc but did not calculate the disability compensation in the way in which it has to be done. If his income is taken at Rs.18,000/- per annum, 8% disability is accepted as such and applying a multiplier of 5, the disability compensation would MACA No.577/03 2 come to Rs.7,200/- out of which the Tribunal has awarded a sum of Rs.7,000/-. At this age of 65, the comminuted fracture will cause loss of amenities and enjoyment in life for the man and or the same an amount of Rs.5,000/- has to be awarded for the same. It is seen from the award that he was regularly visiting the hospital between 30.6.01 and 10.9.01. Therefore, for three months he would not have been in a position to do any work. So, I increase the compensation under that head by Rs.1,500/-. Therefore, the claimant will be entitled to an additional compensation of Rs.6,700/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,700/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No.577/03 3