IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 MACA.No. 1115 of 2007() ----------------------- OPMV.703/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: PETITIONER ---------------------------- V.V.WILSON,S/O.VARGHESE,VETTIYADAN HOUSE PO.,AIRANIKULAM,THANISSERY,MALA, THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS: DEFENDANTS ----------------------------------- 1. M.A.JAMES,S/O.ANTONY,MALIYAKKAL HOUSE, PO.,KUNDOOR,THIRUMUKKULAM,MALA,THRISSUR DISTRICT, (RIDER OF THE M/CYCLE KL-8/M-5532). 2. FRANCIS.S/O.VAREED,ERAYATH HOUSE,PO, KUNDOOR,THIRUMUKKULAM,MALA,THRISUR DISTRICT. (RIDER OF THE M/CYCLE KL-8/M-5532). 3. THE MANAGER,THE ORIENTAL INSURANCE CO.LTD.,P.B.NO.27,MANAPATT BUILDING,NORTH NADA, KODUNGALLUR. BY ADV. SRI.P.V.BABY FOR R1-2 SRI.S.MAMMU FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1115 OF 2007 --------------------- Dated this the 29th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Irinjalakuda, in OP(MV) 703/01. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.38,568/-. A perusal of the para 14 would reveal that he had sustained a fracture of the orbit, fracture of the frontal bone with pneumocephalus and maxillary fracture. He was treated as inpatient in the hospital for 9 days. He had spent about Rs.10,800/- for medical expenses. The Tribunal fixed his income at Rs.1,500/- and awarded the compensation. 2. Learned counsel would contend before me that the Tribunal erred in fixing the disability at 3% when the Doctor assessed his disability at 12%. The Doctor had been examined. The factum of the fracture would indicate that he had serious head injury. Therefore, I feel that the Tribunal was not right in reducing the percentage of disability to 3% especially when the Doctor was examined. I feel this is a fit case where a minimum of 6% can be taken as the whole body MACA No. 1115/07 2 disability for calculating compensation. When it is so, the loss of earning would come to Rs.1,080/- per annum, which when multiplied by 17 would come to Rs.18,360. Therefore the claimant will be entitled to an additional compensation of Rs.9,180/-. In a case where a person had sustained three fractures on the head and face, certainly there would be loss of amenities and enjoyment in life. Therefore, I enhance the compensation under that head by Rs.2,000/-. So the claimant will be entitled to an additional compensation of Rs.11,180/-. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.11,180/- with 6% interest on the said sum from the date of petition till realisation. 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 vps MACA No. 1115/07 3