IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 MACA.No. 485 of 2004() --------------------------------- OPMV.1191/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ KARTHU, W/O. CHATHAN, ATHRAPALLY HOUSE, KORATTY EAST P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/ RESPONDENTS IN OP(MV): ------------------------------------------------------------- 1. P.V.CHERIYA, PULIYAN HOUSE, MOOKKANNOOR. 2. BANDY, S/O. VASU, MOONJELI HOUSE, ANGAMALY P.O. 3. THE ORIENTAL INSURANCE COMPANY, ANGAMALY. BY ADV. SRI.MATHEWS JACOB (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 485 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of July, 2008. 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)1191/96. The claimant aged 49 years, a coolie by profession sustained fracture of both bones of the leg and the Tribunal has awarded a compensation of Rs.30,000/-. Dissatisfied with the same she has come in appeal. The award would show that she was treated as an inpatient in the St. James Hospital for a period of 15 days from 19.3.96 to 2.4.96 and again she was hospitalized for 2 days on 17.4.1997 and 18.4.97. Internal fixation was done. The Doctor has given a disability certificate fixing it at 15%, i.e, limitation of dorsi flexion, widening of the distal tibio fibular joint, stiffness and osteo arthritic changes. For a lady aged 49 years and that too a coolie, certainly this would have caused handicap and the Doctor has further stated that she has disability to stand for a long time, to walk fast, to run, to jump and to lift heavy M.A.C.A. 485 OF 2004 -:2:- weight. The Tribunal had taken the income at Rs.1,000/- and took the disability at 5% and calculated the compensation. Considering the fact that the accident had taken place in the year 1996 the income should have been taken at least at Rs.1,500/-. Similarly, the disability percentage should have been taken at 7%. When it is done the compensation awarded by the Tribunal for six months of actual loss of earnings has to be enhanced by Rs.3,000/-. 2. So far as the disability is concerned when it is worked out at 7% taking the income at Rs.1,500/- per month, the annual loss of earnings would come to Rs.1,260/- which when multiplied by 13 would come to Rs.16,380/- after deducting Rs.7,800/- already awarded the balance will be Rs.8,580/-. Towards pain and sufferings only an amount of Rs.4,000/- is given which is enhanced to Rs.5,000/-. Therefore, the additional compensation would come to Rs.12,580/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of M.A.C.A. 485 OF 2004 -:3:- Rs.12,580/- 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/-