IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 M.A.C.A.No. 1437 of 2007(F) -------------------------- OP(MV) NO.1/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP (MV): --------------------------------- LILLY VARGHESE,W/O.ERUMAKATTUPARAMBIL VARGHESE, RESIDING AT PAIGODE DESOM, THEKKUMKARA,KORATTY SOUTH P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS IN OP (MV): ----------------------------------- 1. K.SUBHADRA, KORMANGAD HOUSE, KONATHUKUNNU P.O. 2. MUKUNDAN, S/O. CHERUPARAMBATH JANARDHANAN, KONATHUKUNNU P.O. 3. MANAGER, NATIONAL INSURANCE CO. LTD., THRISSUR. BY ADV. SRI.M.C.GOPI - R1&R2 SRI.MATHEWS JACOB (SR.) - R3 SRI.P.JACOB MATHEW - R3 SRI.A.I.MOHAMED BASHIR (ERNAKULAM) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1437 OF 2007 --------------------- Dated this the 25th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 01/2002. The claimant, a lady aged 52 years tailor by profession, sustained injuries in a road accident and the Tribunal had awarded a compensation of Rs.44,266/-. 2. The main grievance is regarding the non acceptability of disability certificate in toto. The Tribunal took only 6% disability whereas the Doctor has certified it as 10.5%. Learned counsel has made available before me the disability certificate wherein the Doctor has stated that all these above findings contribute to a permanent disability and she is assessed to have a permanent disability of 23.36% of the shoulder and a whole body ratio of 10.5% as per the Henry Kesseler's method. Thereafter, I verified the papers available before finding as to whether there was any injury to the shoulder because it is not seen specifically written in the wound certificate. I find a certificate issued by a Doctor wherein he has also referred to MACA No. 1437/07 2 the inpatient treatment of the lady immediately after the accident and about the right shoulder pain and injury. The Doctor had been examined also. It has also to be stated that besides all these injuries, the claimant had sustained a zygomatic arch fracture, fracture of the maxilla and fracture of the orbital wall. All these would contribute to a person”s efficiency. Therefore, I feel it it only just to take the disability atleast at 10% to workout the compensation. When it is so, the annual loss of earning would come to Rs.1,800/- which when multiplied by 11 would be Rs.19,800/-. After deducting Rs.11,880/- already granted, the claimant will be entitled to a compensation of Rs.7,920/-. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.7,920/- with 6 % interest on the said sum from the date of petition till realisation. The Insurance company is directed to deposit the amount within a period of 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE vps MACA No. 1437/07 3