IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 908 of 2008() --------------------------------- OPMV.1401/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/APPLICANT --------------------------------- R.S.UNNIKRISHNAN, AGED 38, S/O.RAJAN, KALANILAYAM, CHANTHAVILA, KATTAIKONAM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. S.SHAHUL HAMEED, S/O.SAINALABDEEN, T.C.NO.48/1202-A, POONTHURA P.O., THIRUVANANTHAPURAM. 2. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., K.N.MATHEW BUILDING, G.A. COIL ROAD, THIRUVANANTHAPURAM. 3. THE MANAGER, THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, ROHINI BUILDING, THAKARAPARAMBU ROAD, PAZHAVANGADI, THIRUVANANTHAPURAM. ADV. SRI.RAJAN P.KALIYATH FOR R2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.908 OF 2008 ===================== Dated this the 27th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.1401 of 2002. The claimant, a farmer by profession, aged 32 years, sustained injuries in a road accident. A perusal of the award would show that he had been awarded a compensation of Rs.22,750/- with 7.5% interest. It is against that decision, the claimant has come up in appeal. 2. As a result of the accident, the claimant sustained dislocation of the right shoulder and abrasion on the right knee. He was treated as an inpatient in the Medical College Hospital, Thiruvananthapuram. Documents also would reveal that he had undergone physiotherapy treatment upto August, 2002. The Tribunal, taking note of the entire situation had awarded the amount. Learned counsel for the appellant had made available before me a disability certificate which is not marked for perusal. A Doctor of the Medical College Hospital, Thiruvananthapuram had on radiological examination found that the claimant has developed MACA 908/2008 -:2:- secondary osteo arthritis changes in the shoulder joint and he had fixed partial disability at 15%. Osteo arthritis is a form of arthritis in which one or many joints undergo degenerative changes. Here, what is sustained by the claimant is a dislocation of the joints. Whether dislocation of the joints will lead to arthritis changes is a matter that should have been pleaded and proved and when arthritis is on account of the degeneration of the bones one cannot attribute a dislocation of the joints as a reason for the same. So, I am not inclined to grant any compensation under the head permanent disability. But, it has to be stated that this person had been consistently going to the Medical College Hospital for physiotherapy and that he has been getting recurring problems of dislocation which means there should have been substantial deprivation of amenities and difficulties in the day- to-day activities of a middle aged man at the age of 35. So, taking into consideration all these aspects, towards loss of earning, I am inclined to grant one more month's amount of Rs.2,000/- and towards loss of amenities and enjoyment in life, I increase the amount by Rs.5,000/-. Therefore the claimant will be entitled to an additional compensation of Rs.7,000/-. In the result, MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,000/- with 7.5% on the said sum from the date of petition till realisation and the 2nd respondent New India MACA 908/2008 -:3:- Assurance 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/-