IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 MACA.No. 285 of 2009() --------------------------------- OPMV.1842/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT: ---------------------------------- A.K. ABOOBACKER SIDHIQUE, S/O. MUHAMMED, AGED 23 YEARS, ANTHAM KOTTIL HOUSE P.O.OMASSERY, KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. M.P. MOHAMMED, S/O. AHAMMEDKUTTY ASHANTHODUKAYIL HOUSE, PARAPPANPOYIL PO THAMARASSERY, KOZHIKODE DISTRICT. 2. AHAMMEDKUTTY, S/O. MUHAMMED AGED 51 YEARS, POYILIL HOUSE P.O.PUTHOOR, KOZHIKODE DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD VELIMANA BUILDING,MAIN ROAD, THAMARASSERY, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 285 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 1842/03. The claimant, a 18 year old young man sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.14,500/-. Dissatisfied with the same the claimant has come up in appeal. 2. Notice is served on the insurance company who is directed to pay the amount awarded. It has to be stated that the claimant had sustained a wound on the tibia and a small wound on the dorsum of foot. Even according to the Tribunal there is a fracture on the tibia and fracture on the second phalanx of third toe. The Court has marked Ext.C1 as the disability certificate and when it is marked as C1 it has to be stated that it is a Court document and it is issued by a competent medical Board. The competent Medical Board after examination had issued a disability certificate for 3%. M.A.C.A. 285 OF 2009 -:2:- Many observations of the Tribunal are out of context and does not deserve to be made in a case of this nature. The Medical Board is a most competent authority to find out the disability of a person and it is done on examination of a person and not on the representation of a person. So the question of mis-representation will not arise in such cases. Therefore I am prepared to accept the disability certificate and proceed to refix the compensation as follows. 3. Medical bills for Rs.4,428/- were produced towards medical expenses. Therefore I fix it as Rs.4,500/- and incidental charges and transport expenses as awarded by the Tribunal I also grant Rs.1,000/- and Rs.500/- respectively. A young boy sustained a serious fracture on the knee as well as on the toe and had undergone plaster cast for a long time. Considering the period of treatment and the nature of injuries I award Rs.10,000/- towards compensation for pain and sufferings. Towards loss of amenities and enjoyment in life I retain Rs.5,000/- ordered by the Tribunal. So far as the disability compensation is concerned the boy is aged 18 years and no avocation is proved therefore a notional income of Rs.15,000/- is taken with 3% disability and a multiplier of M.A.C.A. 285 OF 2009 -:3:- 18 as held in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) which would make the disability compensation Rs.8,100/- thus the entitlement will be Rs.29,100/- as total compensation out of which Rs.14,500/- has been paid. 4. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.14,600/- 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. 5. It is made clear that the amount awarded as interim compensation of Rs.25,000/- has to be taken credit to and the interest portion with respect to the amount has to be calculated in accordance with the same. M.N. KRISHNAN, JUDGE. ul/-