IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 2048 of 2006() ----------------------- OPMV.80/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP (MV): ------------------------------------------------- XAVIER, S/O.ANTHONY, MECHERI HOUSE, ANNANADU P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENTS: RESPONDENTS IN O.P(MV): ------------------------------------ 1. GEORGE J.PYNADATH, MANAGING PARTNER, PYNADATH FINANCE, SOUTH CHALAKUDY. 2. K.P.POLLY, S/O.PALLAN, KALLELI HOUSE, KANJIRAPPILLY P.O., KONNAKUZHY. 3. MANAGER, UNITED INDIA INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. BY ADV. SRI.S.ARUN RAJ THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 2048 OF 2006 --------------------- Dated this the 26th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 80/00. The claimant sustained injuries in a road accident as a result of which he had suffered a fracture of the acromic clavicle of the joint. He was treated as inpatient in the St.James Hospital, Chalakkudy from 6.11.99 to 15.11.99. He had produced Ext.A14 certificate showing his disability at 14%. But the Tribunal accepted only 3% disability and granted a compensation of Rs.25,370/-, which takes in a permanent disability compensation of Rs.9,180/-. 2. Learned counsel had made available before me the disability certificate issued by the Doctor. It would reveal that there is subluxation of the acromic clavicle of the joint. There is also limitation of movements, weakness of abduction and tenderness at the fracture site. He was advised not to carry a weight of more than 5 Kilograms. It is true that the Doctor is not examined. But the fact remains that when a person sustained fracture of the acromic clavicle MACA No.2048/06 2 of the joint with restrictions of movements of the shoulder, it will materially affect him. Therefore, I feel the disability can be taken atleast as 6%. Then the disability compensation would come to Rs.9,180/- more. Only an amount of Rs.6,000/- is given for pain and suffering. Taking into consideration the entire materials, I enhance the total compensation by Rs.10,000/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,000/- with 7 % interest on the said sum from the date of petition till realisation from the respondents. 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.2048/06 3 MACA No.2048/06 4 MACA No.2048/06 5