IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 MACA.No. 809 of 2009() ---------------------- OPMV.928/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT/PETITIONER IN OP (MV) ---------------------------------------- SHINTO, S/O.VARGHESE, ERATTUPARAMBIL HOUSE, KUZHIKATTUKONAM DESOM, MADAYIKONAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENS IN OPMV. ---------------------------------- 1. C.P.YOHANNAN, S/O,POULOSE, CHENATH HOUSE, MULANGU P.O., THOTTIPPAL. 2. LINO A.L., S/O.LONAKUTTY, ERATTUPARAMBIL HOUSE, MANDAYIKONAM P.O. 3. THE NATIONAL INSURANCE CO. LTD, MALIEKKAL BUILDINGS, IIRINJALAKUDA. ADV. SMT.RAJI T.BHASKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. No. 809 OF 2009 = = = = = = = = == = DATED THIS, THE 17TH DAY OF AUGUST, 2010. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P. (MV) 928/2004. The claimant, a twenty year old young man, sustained serious injuries in a road accident and the Tribunal has awarded him a compensation of Rs. 37,900/- with 7% interest. Dissatisfied with the same, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the Insurance Company. The learned counsel for the appellant frankly conceded before me that the disability certificate was not produced before the Tribunal. The claimant was examined by an Orthopedic expert who had put in about 28 years of experience, and he showed me the certificate in which the disability is fixed at 15%. I have gone through the certificate and the clinical examination revealed that there is waisting of Quadriceps muscle, there is partial anklosis , there is restriction of movement and therefore, there is difficulty for the claimant to squat properly, to climb up and getting down steps, to sit legs crossed, to knee down, for brisk walking and to take quick steps and for prolonged sitting, standing and walking. The fracture sustained MACA 809/2009 2 by him is on the shaft of the femur. He had been treated as an inpatient in the hospital for a period of 29 days. He had continued treatment as an outpatient for a period of four months. All these indicate the gravity of the injury and the suffering which the claimant had undergone at the age of twenty. It is true that the disability certificate was not available before the Tribunal. But, I feel, taking in to consideration the materials placed before me, it will be just if the disability is taken at 5%. When the income is taken as Rs.2,000/-, disability as 5% and apply a multiplier of 18, as laid down in Sarala Varma v. Delhi Tranport Corporation (2009 ACJ 1298) the disability compensation would come to Rs. 21,600/-. I feel the said amount can be awarded as additional compensation to the claimant. In the result, the appeal is partly allowed; the claimant is awarded an additional compensation of Rs. 21,700/- (Rupees twenty one thousand and six hundred only) with 7% interest on the said sum from the date f petition till realisation and the Insurance Company is directed to deposit the said amount with 7% interest within sixty days from the date of receipt of a copy of this judgment. M.N. KRISHNAN, (JUDGE) KNC/-