IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 319 of 2010() ----------------------------------- OPMV.512/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV ------------------------------------------------------- JOY, S/O.VAREED, KANJIOOTHARA HOUSE, MALA-PALLIPURAM DESOM AND VILLAGE, MALA-PALLIPURAM PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV. --------------------------------------------------------------- 1. M.D.VARKEY, S/O.DEVASSY, MUTHENTHOTTIL HOUSE, KOTTATT PO, CHALAKKUDY, 2. C.P.JOSE, S/O.PAILY, CHELLAKKUDAM HOUSE, MALA-PALLIPURAM PO, 3. ORIENTAL INSURANCE CO.LTD, NORTH NADA, KODUNGALLUR. R2 BY ADV.SRI.K.B.RAMANAND R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 319 OF 2010 = = = = = = = = = = = = = = = Dated this the 13th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)512/06. The claimant, a 46 year old postal department employee, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.22,950/-. It is against that decision the claimant has come up in appeal for enhancement. 2. A perusal of the award would reveal that the claimant had sustained a comminuted intra articular fracture of distal end of right radius and lacerations over other parts of the body. He had undergone treatment for almost a period of 2 months and was inpatient in the hospital for two days. Though the claimant produced a disability certificate the Tribunal did not look into it at all. M.A.C.A. 319 OF 2010 -:2:- 3. The learned counsel for the appellant had made available before me a copy of Ext.A5 which is produced before the Tribunal. It would show that the clinical and radiological examination revealed a malunited fracture on the lower end of the radius. There was tenderness on the fracture site and limitation of movement. The doctor opines that it will cause him difficulty in rotating his arm and also prevent him from carrying heavy weight or will not get support very much with that hand. He had certified the disability at 9%. It has not stated how this 9% is arrived at but considering the fact that the claimant had sustained a fracture on the right hand with some malunion of the fracture coupled with limitation of movement I am inclined to take a reasonable percentage of disability at 3%. Till the age of 60 there will not be any loss of earnings for him for the reason that he is a Government employee. But after retirement he will be entitled to do some work and therefore when the income is taken at Rs.2,000/-, percentage of disability at 3% and a multiplier of 7 as per M.A.C.A. 319 OF 2010 -:3:- Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the disability compensation would come to Rs.5,040/-. I also grant an additional compensation of Rs.2,000/- towards pain and sufferings. Since no compensation for disability is granted between the age period of 46 to 60 I am inclined to enhance the compensation for loss of amenities and enjoyment by Rs.3,000/- thus making an additional compensation of Rs.10,040/-. 4. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.10,040/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-