IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 883 of 2008() --------------------------------- OPMV.706/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT/PETITIONER ------------------------------------ SREEKANTAN NAIR, S/O.UNNIKRISHNAN NAIR KALIYILPURA VEEDU, LASCA JUNCTION SARKARA VILLAGE, CHIRAYINKEEZHU BY ADV. SRI.M.DINESH RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. MRS. SREEDEVI, SREE VILASOM CHIRAYINKIL P.O., TRIVANDRUM 2. LIBI, S/O.LAKSHMANAN KATTAKKALIL VEEDU, SARKARA, CHIRAYINKEEZHU P.O. TRIVANDRUM 3. THE BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LTD. NEAR MUNICIPAL BUS STAND, ATTINGAL 4. RAJAPPAN CHETTIYAR, KALA BHAVAN AZHOOR, AZHOOR P.O., CHIRAYINKEEZHU 5. SURESHKUMAR, THANNIVILA VEEDU AZHOOR, AZHOOR P.O., AZHOOR VILLAGE. 6. BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED ASHAR COMPLEX, ATTINGAL ADV. SRI.R.RAJASEKHARAN PILLAI FOR R1 SRI.R.S.KRISHNAKUMAR FOR R1 SRI.N.S.MOHAMMED USMAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.883 OF 2008 ===================== Dated this the 24th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Attingal in O.P.(MV)No.706 of 2000. The claimant, a businessman by profession, aged 32 years, sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.46,092/-. It is against that decision, the claimant has come up in appeal. 2. After hearing the counsel for the appellant as well as the counsel for the insurance company, I feel the Tribunal has not calculated the compensation in the way which it is to be done, but has taken huge amount under one head and had not granted much compensation under other heads. Therefore the whole matter requires reconsideration. 3. I had perused the award carefully to find out whether the claimant had sustained compound fracture on the leg. The claimant was treated in the hospital as an inpatient for one day and thereafter he had visited the other hospitals also. A disability certificate is also produced showing the percentage of disability at 11%. There is quadriceps wasting of 5 cms. and MACA 883/2008 -:2:- shortening of the leg by 1.2 cms. The Tribunal should not have accepted the disability certificate as such. Therefore, I feel this is a case where disability can be taken as 7%. I recalculate the compensation as follows: The claimant should have been deprived of for doing any work for a period of two months, accepting the income at Rs.1,800/- an amount of Rs.3,600/- is granted towards actual loss of earning. He had produced medical bills for an amount of Rs.4,251/-. There is nothing wrong in granting an amount of Rs.4,000/- towards medical expenses. Though he was not hospitalized for a longer period, he would have some assistance from somebody else for some time and for nutritious food, I award him a sum of Rs.1,000/- under that head. The Tribunal has awarded Rs.500/- towards transport expenses and Rs.200/- towards damage to clothing. Considering the nature of injuries sustained, I award him Rs.10,000/- towards pain and suffering. For loss of amenities and enjoyment in life I award him Rs.7,000/-. When the disability is worked out at 7% on the income of Rs.1,800/- per mensem and a multiplier of 17 is used the disability compensation would come to Rs.25,704/- thus totalling Rs.52,004/- out of which an amount of Rs.46,092/- has been paid. So the additional compensation would be Rs.5,912/- which I round as Rs.6,000/-. Therefore, the MACA is partly allowed and the claimant is entitled to MACA 883/2008 -:3:- an additional compensation of Rs.6,000/- with 7.5% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-