IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 MACA.No. 1155 of 2006(G) ---------------------------- AGAINST THE ORDER DATED 24/02/2006 IN OPMV.1116/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): /PETITIONER: ----------------------------------- PADMANABHAN ACHARI, S/O. PARAMESWARAN, PURAKAL HOUSE, ACHAN VALAVU BHAGOM, KANAKKARI KARA, DO. VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENT(S)/RESPONDENTS: --------------------------------------- 1. SHANTHARAJ, S/O. MAYATHEVAR, INDIRA COLONY, 5B/BWA, 263, BOMMAGANDA PETTI, THENI DISTRICT. 2. NATIONAL INSURANCE CO.LTD., BRANCH THENI. ADV. SMT.SARAH SALVY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1155 OF 2006 = = = = = = = = = = = = = = = Dated this the 17th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1116/02. The claimant, an agriculturist by profession aged 53 years sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.34,760/- and directed the insurance company to pay the amount. Dissatisfied with the same the claimant has come up in appeal. 2. A perusal of the award would reveal that the claimant had sustained lacerated injuries on some parts of the body besides a fracture of the humerus right. The Tribunal has fixed his income at Rs.2,000/- and has awarded a reasonable compensation almost under all heads. The Tribunal found that the disability assessed is on the higher side and it fixed it at 4% and calculated the compensation. A perusal of the award would reveal that the fracture has resulted in restriction of movements and there is a slight M.A.C.A. 1155 OF 2006 -:2:- angulation with subluxation. I feel a little more should have been taken as disability and therefore I fix it at 6% and calculate the compensation. When six is taken as the percentage of disability and Rs.2,000/- as monthly income and a multiplier of 11 it would come to Rs.15,840/- after deducting the award amount under that head of Rs.10,560/- the additional compensation would come to Rs.5,280/-. On all other heads the Tribunal has awarded a proper compensation and therefore the appeal is disposed of as follows. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,280/- with 6% 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/-