IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1625 of 2008() --------------------------------- OPMV.1528/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ PETITIONER IN OP(MV): -------------------------------------------------------- SUDHEESH, S/O. AYYAPPAN, KANAKKASSERY HOUSE, NAYARANGADI DESOM, PARIYARAM.P.O, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.V.BABY RESPONDENTS/RESPONDENTS IN OP(MV) ------------------------------------------------------------ 1. K.A. JOBY, S/O. ANTONY, KALLIATHPARAMBIL HOUSE, PERAMBRA.P.O. 2. DILEESH, S/O. DEVASSIKUTTY, THOOIYAN HOUSE, VALLANCHIRA.P.O. 3. THE ORIENTAL INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKUDY. BY SR. COUNSEL SRI.MATHEWS JACOB FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1625 OF 2008 --------------------------------- Dated this the 27th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1528/2003. The claimant, an employee of a workshop, sustained injuries in a road accident and it is revealed that he had a severe comminuted fracture of the shaft of right ulna and internal fixation was done. He was treated as inpatient for 12 days. He had expended a sum of Rs.18,900/-. He had produced Ext. A6 disability certificate certifying 10% permanent disability. The tribunal did not accept the same and ultimately awarded a compensation of Rs. 39,700/-. It can be seen from the disability certificate that there is limitation of movement, tenderness at fracture site, adherent tender scar on the dorsum of right forearm, loss of tissue and weakness of limb strength. When a person is working in a workshop, certainly a strong hand is necessary that too a right hand. Therefore I feel some disability has to be taken into consideration. I fix it as 4%. When the income is taken as 24,000/- per annum, the disability would come to Rs. 960/- per annum which when multiplied by an M.A.C.A.No. 1625/2008 -2- appropriate multiplier of 17 would come to Rs. 16,320/-. The tribunal had already awarded Rs. 5,000/- under the head of loss of amenities, deducting the same he is entitled to an additional compensation of Rs. 11,320/- under the head of disability. Certainly on account of this injuries, he would not have been in a position to do any work for more than three months. I enhance the compensation for loss of earning by another Rs. 2,000/-. Thereby the claimant is entitled to get an additional compensation of Rs. 13,320/-. In the result, the M.A.C.A is partly allowed and the claimant is awarded an additional compensation of Rs. 13,320/- with 7% interest on the said sum from the date of petition till realisation. The Insurance Company is directed to deposit the same within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN,JUDGE vkm