IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 MACA.No. 838 of 2007() ---------------------- OPMV.1531/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT(PETITIONER IN O.P.(MV) 1531/2001 -------------------------------------------------------- P.K.SAHEER, S/O.KUNJU MUHAMMED, PUTHUVANA CHEWRUKATTL VEEDU, KAINDIKKARA, MUPPATHADOM P.O., ALUVA. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) SMT.ANUPAMA GOPAKUMAR RESPONDENT(S): --------------- 1. MR.SAINUDHEEN, CHITTETHUKUDY HOUSE, NORTH EZHIPURAM, MARAMPILLY P.O., PIN- 683107, RESPONDENT NO.1 IN OP(MV) 1531/01. 2. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PERUMBAVOOR P.O. PIN 683 542 (RESPONDENT NO.2 IN O.P.(MV) 1531/01). ADV. SRI.PMM.NAJEEB KHAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.838 of 2007 .................................................................... Dated this the 5th day of June, 2009. JUDGMENT Abdul Rehim, J. The claimant who sustained injuries in a road traffic accident is the appellant. The accident occurred when a motorcycle driven by him was collided with a Maruti Van which in turn was hit by another Tempo Van. The appellant sustained fracture on the patella of right knee. In Ext.A3 disability certificate issued by the Medical Board attached to the General Hospital, Ernakulam, it is certified that the injury has resulted in restrictions to movement of his knee joint. The percentage of continuing permanent disability was assessed at 15%. The Tribunal awarded total compensation of Rs.75,390/-. According to the appellant, the amounts awarded under various heads are unreasonable and inadequate. 2. Heard learned counsel appearing for the appellant and Standing Counsel appearing for the Insurance Company. Inspite of certificate issued by the Medical Board to the effect that the appellant is 2 having 15% permanent disability, the Tribunal took only 6% for the purpose of computation of compensation for permanent disability. From Ext.A3 certificate it is evident that the fracture on his right patella had resulted in serious disablement which was certified to be permanent in nature. Therefore, we feel that 6% disability adopted by the Tribunal for the purpose of calculation is highly on the lower side. From the facts and circumstances and evidence on record, we feel that the continuing permanent disability will be atleast 10%. We have considered the amounts of compensation awarded under various other heads also. We feel that enhancement of the compensation by an additional sum of Rs.15,000/- will meet ends of justice and it will be reasonable and justifiable. 3. In the result, appeal is partly allowed enhancing the total compensation by an additional sum of Rs.15,000/-, which will carry interest at 7.5% p.a. from the date of application till the date of 3 payment. The Insurance Company is directed to make payment of the amount within three months. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms