IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MFA.No. 382 of 2003() --------------------- OPMV.2/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: --------------------- MURALEEDHARAN, S/O.RAMANKUTTY PANICKER, RESIDING AT MUKATHODI HOUSE, AMAYUR P.O. PATTAMBI (VIA), OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.PRINCE.K.ELIAS SRI.R.RAJA RAJA VARMA RESPONDENTS/RESPONDENTS: ------------------------ 1. P.SASIDHARAN, S/O.SREEDHARAN, RESIDING AT PATHIRIKOTTIL HOUSE, CHEMMANIYODE, NELATTUR, MALAPPURAM DISTRICT. 2. N.MUSTHAFA, S/O.HAMZA, RESIDING AT NOCHIYIL HOUSE, MANATHU MADATHIL, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO. 382 OF 2003 (C) ----------------------------------- Dated this the 11th day of June, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries including fracture of right humerus in a motor accident on 7.5.1999. Against a claim of Rs.3,00,000/-, only Rs.42,100/- including medical reimbursement was awarded by the tribunal. Only question of compensation is disputed. He is a 'Chenda Vidwan'. According to him, he is unable to raise his right hand above the shoulder level and he is unable to do 'Sadana'. Tribunal considered the injuries which is as follows: “The injuries noted are dislocation shoulder (R) with fracture (R) humerus. Ext.A6 is a certificate issued from Nila Hospital, Pattambi. The doctor says that the petitioner had dislocation of Rt. shoulder with fracture of greater tuberosity of (R) shoulder. His dislocation MFA.382/03 2 was reduced and the fracture was also well united. It is further stated that while the doctor examined, he found that the fracture united and the shoulder is in position and he further certified that he has functional disability of 10% in his right shoulder.” This is a case where the dislocation and fracture for the right hand of an expert musical instrumentalist. As such it is evident and clear that capability and his perfection will be reduced due to the injury. But disability certified was 10% to the right shoulder and not to whole body. Therefore, tribunal did not assess compensation on a multiplier method. But no amount was granted for permanent disability and loss of earning power. We are of the view that considering the nature of injuries and nature of the job, another Rs.8,000/- should be awarded for loss of earning power and permanent disability. Just and reasonable compensation was granted under other heads. The above additional amount of Rs.8,000/- should be deposited by the 3rd respondent Insurance company with 7.5% interest from the date of application till its deposit over and above the decreed amount by the tribunal, and on deposit of the above amount, appellant is allowed to withdraw MFA.382/03 3 the same. This appeal is accordingly partly allowed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.382 OF 2003 (C) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 11th June, 2008