IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MACA.No. 1208 of 2009() --------------------------------- OPMV.1084/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S)/ PETITIONER IN OP(MV): ----------------------------------------------------------- JOHNSON, S/O.OUSEPH, MALIYEKAL HOUSE, ELINJIPRA DESOM, PARIYARAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENT(S)/ RESPONDENTS IN OP(MV): ---------------------------------------------------------------- 1. E.K.ANTONY, S/O.KURIAN, EDASSERY HOUSE, PANIKKARUPADY, VYPEEN, ERNAKULAM DISTRICT. 2. NASAR, S/O.ABUBACKER, VATHANAYATH HOUSE, ERUMATHARA, ALUVA. 3. THE ORIENTAL INSURANCE CO.LTD., PUM JUNCTION, ALUVA. ADV. SRI.V.P.K.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1208 OF 2009 ............................................. Dated this the 10th day of February, 2010. J U D G M E N T/O R D E R This is an appeal preferred against the order of the Claims Tribunal, Irinjalakkuda in OP(MV)No.1084/2005. The claimant, a 36 year old man, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.68,500/= which includes the medical expense of Rs.23,600/=. 2. I had perused the award and heard the learned counsel for the appellant as well as the insurance company. A perusal of the award would reveal that the court was personally satisfied from seeing the person in the court that he has some shapelessness at the fracture side and that left leg of the person is some what disfigured due to the fracture sustained. The court also noticed some short limbing and there is swelling at the fracture side indicating projected tip of the steel rod inserted. So, it can be seen that really the fracture side represents an ugly scene and certainly a person who has to be a driver would certainly : 2 : M.A.C.A.No.1208 OF 2009 be handicapped in doing work for a prolonged time. When there is swelling on the fracture site it causes great discomfort in pressing the leg and it is must for a driver. Therefore without any hesitation, I am inclined to fix the disability at 8% to determine the compensation. It has to be seen that as per the decision of the Apex Court in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), the multiplier for the age group of 36 would be 15. When the income is taken at Rs.24,000/=per annum and 8% disability is calculated and multiplied with 15, it would be come to Rs.28,800/= out of which an amount of Rs.19,200/= had been awarded by the Tribunal or in other words under that head the claimant is entitled to an additional compensation of Rs.9,600/=. Protrusion of the implantation would certainly cause severe loss of amenities and enjoyment to the person and therefore I am inclined to enhance that amount also by Rs.2,000/= making an additional compensation of Rs.11,600/= 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of : 3 : M.A.C.A.No.1208 OF 2009 Rs.11,600/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1208 OF 2009