IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 MACA.No. 1778 of 2007() ----------------------- OP(MV).2077/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): APPELLANT/APPLICANT ----------------- MURUGAN, S/O. SWAMY ASSARI, RESIDING AT PANAVILA VEEDU, PANAVILA, CHUNKANKADA P.O., NAGERCOIL, KANYAKUMARI DISTRICT. BY ADV. SRI.L.MOHANAN RESPONDENT(S): RESPONDENTS -------------------- 1. SIVANATHAN, S/O. PITCHAI, PLOT NO.2, ANNA COLONY, ASARIVILAI, NEAR OLAM CASHEW FACTORY, SARAL P.O., KANYAKUMARI DISTRICT. 2. AJIKUMAR, S/O. KRISHNA PILLAI, RESIDING AT AMBALAVILAKAM, ANDOORKONAM, KARAKONAM P.O., THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD., THIRUVANANTHAPURAM. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON, JJ. ------------------------------- M.A.C.A.No. 1778 of 2007 ------------------------------- Dated this the 10th November, 2009 J U D G M E N T Raman, J. This is an appeal by the claimant, for enhancement of the compensation, who sustained serious injuries in a motor accident. On 15.6.2002, while the appellant was walking as a pedestrian through Thiruvananthapuram-Nagercoil N.H., the vehicle bearing registration No. TN-74-Y-927, in a rash and negligent manner, came from behind and knocked him down, causing injuries to him. Immediately, he was taken to the Medical College Hospital, Kanyakumari, and he remained in the hospital for nearly two months. The Doctor has certified that he can walk with difficulty and limbing, and hence the permanent disability was assessed at 19%., as revealed from Ext.A7 disability certificate. He underwent an operation and after the discharge, he was again treated as inpatient from 28.8.2002 to 29.9.2002. MACA.1778 of 2007 2 2. The court below found that the accident was as a result of the rash and negligent driving by the driver of the vehicle. The claimant was aged 35 years at the time of accident. He was a casual labourer, and his monthly income was fixed as Rs.2000/- per month. The multiplier adopted was 16, but Tribunal has fixed the disability at 9% as against 19% assessed by the Doctor. 3. The only point that arises for consideration is as to what is the percentage of disability to be taken in this case, when Ext.A7 disability certificate issued by the concerned Doctor is produced. Normally, the assessment made by the Doctor can be varied, subject to reasons being given. In this case, the Doctor was not examined. Therefore, we cannot go by the percentage of disability as certified by the Doctor. However, considering the nature of the injuries sustained, viz., shortening of the left leg, we find that the percentage of disability can be fixed at 16% instead of 9%. 4. Accordingly, on re-calculation of the amount, as stated above, we find that the appellant is entitled for a sum of MACA.1778 of 2007 3 Rs.61,440/- as compensation under the head 'permanent disability'. After deducting the amount already paid under this head, Rs.34,560/-, the appellant will be entitled to a balance of amount of Rs.26,880/- under this head. We also find that the amounts awarded under other heads did not require any modification. In the result, the appeal is allowed in part. We award a further sum of Rs.26,880/- by way of additional compensation under the head 'permanent disability', and the said amount will carry interest at the rate of 7.5.% per annum, from the date of petition till the date of payment. The Insurance Company shall deposit the said amount, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. No cost. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.