IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 2323 of 2007() ----------------------- (AGAINST THE JUDGMENT IN OPMV.1160/2002 DATED 02/07/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA) .................... APPELLANT/PETITIONER IN OP(MV) ----------------------------------------------- ANEESH P.D., S/O.DIVAKARAN, PULLARKKADAN HOUSE, RESIDING AT KOLKUNU DESOM, VADAMA VILLAGE, ASHTAMICHIRA P.O., MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV) ---------------------------------- 1. V.V.SUBASH, VALAVATH HOUSE, KAIPAMANGALAM. 2. BAIJU, S/O.VARGHESE, MALIYEKKAL HOUSE, PAZHOOKKARA P.O. 3. ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. BY ADV. DR.ELIZABETH VARKEY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2323 OF 2007 --------------------- Dated this the 15th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 1160/02. The claimant sustained injuries in a motor accident. He had suffered fracture on the right femur and the Tribunal has awarded him a compensation of Rs.55,000/-. Aggrieved by that decision, the present appeal is preferred by the claimant. 2. The claimant was treated as inpatient in two hospitals and implantation was done. It was later removed. He had expended an amount of Rs.21,403/- towards medical expenses. The Tribunal did not grant any disability compensation. The disability certificate Ext.A6 showed the disability of the part of the body at 11% and whole body disability at 9.45%. The Tribunal itself observed that in the normal cases the percentage of whole body disability will be 35 to 50% of the limbing disability. The Tribunal should have atleast taken that and awarded the compensation. If one third of the disability is taken, then it will be 3.8. When the income is taken at Rs.2,000/- MACA No. 2323/07 2 and disability compensation is worked out, the annual loss would come to Rs.912/- which when multiplied by 17 would come to Rs.15,504/-. The Tribunal has granted a compensation of Rs.5,000/- under the head of loss of amenities. Therefore, deducting the same, the claimant will be entitled to an additional compensation of Rs.10,504/- under that head, which is rounded as Rs.10,500/-. On all other heads, the Tribunal has awarded a very reasonable compensation, which does not call for any interference. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,500/- with 6% interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 2323/07 3