IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 MACA.No. 891 of 2005(C) ---------------------- OPMV.1257/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- SUNNYKUTTY P.C. MINI NIVAS, K.P.1/435, M.M.LANE, PANAVILA, NALANCHIRA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.V.BIPIN SMT.C.S.SHEEJA RESPONDENT(S): RESPONDENTS. --------------------------- 1. ZULFIKAR, M.O. ISTRUMENT FILTER, CHIEF ENGINEERING OFFICE SECTION, H.Q.SAC IAF AKKULAM, THIRUVANANTHAPURAM. 2. THE MANAGER, THE ORIENTAL INSURANCE CO.LTD., ST.MARY VILLA, ULLOOR, MEDICAL COLLEGE PO THIRUVANANTHAPURAM. ADV. SRI.D.SAJEEV FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29 /06/2009, THE COURT ON 29/06/2009 DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A . NO:891 OF 2005. - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th Day of June, 2009. JUDGMENT K. M. Joseph J. The appellant is the claimant/petitioner in a petition filed under Section 166 of the Motor Vehicles Act. He is aggrieved by the adequacy of compensation awarded to him. The Tribunal has awarded a total amount of Rs.60,686/- as against the claim for Rs.2,00,000/- 2. Learned counsel for the appellant pointed out that the Tribunal is in error in not awarding the compensation on the basis of the disability certified by the Doctor. Ext. A5 is the disability certificate of the appellant. It is noted that the disabilities pointed out by the doctor do not find a place in any other medical records and it cannot be accepted. The Doctor had proceeded to assess the disability at 17%. M.A.C.A . NO:891 OF 2005. : 2 : 3. The appellant was working as U.D.C., and he continues to be in Government service. The Tribunal therefore awarded compensation of Rs.11,520/- after taking the percentage of disability at 6%, on the basis that the disability may affect the earning power after retirement at the age of 55 years. The injuries as noted in the disability certificate shows that the applicant sustained Type III compound fracture of both bones of the left leg. The appellant had sustained a wound on the leg which was treated by debridoment, primary closure of skin followed by external fixation of fracture. In the certificate, of course it is stated that there was multiple scars on the left leg, osteomylitis of the left tibia, westing of muscles and limitation of movements of the left knee and ankle joint. 4. Having regard to the nature of injuries, we can fix the disability at 10% instead of 6%. On this basis the appellant is allowed compensation of further sum of Rs.7,680/- which is rounded of to Rs.8,000/-. We further notice that the appellant is awarded Rs.12,000/- towards pain and suffering. Considering the M.A.C.A . NO:891 OF 2005. : 3 : injuries and condition of the appellant, the appellant is awarded Rs.3,000/- more towards pain and suffering. Further it is submitted that an amount Rs.1,500/- was granted towards bystander's expenses. In view of the records, we feel that a further sum of Rs.1,000/- more can be awarded under the said head. We also feel that Rs.8,000/- awarded towards loss of amenities is to be enhanced. We award Rs.2,000/- more towards under this head, having regard to the conditions of the appellant. Accordingly this appeal is partly allowed and the appellant is permitted to realize a sum of Rs.14,000/- more with interest at the rate of 7.5% from the date of petition till the date of realization from the respondents. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/