IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 426 of 2006() -------------------------------- OPMV.2399/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- ALJO PRABHAKARAN, S/O.PRABHAKARAN, VALIPLAKAL HOUSE PATTIKKUNNU PARABHAGAM, KAYYOOR KARA, BHARANANGANAM VILLAGE. BY ADV. SRI.K.A.HASHIM RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. INDRASANAN, S/O.PADMANABHA PANICKER, MUZHUVANCHERIYIL HOUSE, VALAMKULAM BHAGOM, MANNANAM KARA, ATHIRAMPUZHA, VILLAGE. 2. A.K.JOY, AIRUKUZHIYIL HOUSE, AIRUKUZHIYIL PARUMBAIKKADU, KOTTAYAM. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 426 OF 2006 = = = = = = = = = = = = = = = Dated this the 11th day of August, 2008. 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)2399/02. The claimant, a 17 year old I.T. Student sustained injuries in a road accident. He had a fracture on the radius. He was treated in the Medical College Hospital, Kottayam. The Tribunal awarded him a compensation of Rs.18,800/- and it is against that decision, the present appeal is preferred for enhancement. 2. Heard the counsel for both sides. The main grievance is regarding the non-acceptability of the disability certificate. It is submitted that on account of the fracture the boy had slight wasting the left forearm muscles and a shortening of left radius by 1 cm. There is also a bowing of the radius of 10 degree and pronation movement is restricted by 20 degree. The Doctor has assessed the disability at 5%. It is true that the Tribunal has taken his income at M.A.C.A. 426 OF 2006 -:2:- Rs.1,800/-. The Tribunal never made use of that for any purpose. As per the schedule the income of a non-earning member is to be taken as Rs.15,000/- per annum. Therefore, accepting that income when 5% disability is calculated for a multiplier of 16 the claimant will get a compensation of Rs.12,000/- out of which Rs.7,000/- has already been granted for loss of amenities and enjoyment in life. Therefore the claimant will be entitled to an additional compensation of Rs.5,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,000/- 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/-