IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 MACA.No. 1205 of 2009() ----------------------- OPMV.238/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- RAMESH BABU, S/O. MADHAVAN, KANDARUMADATHIL HOUSE, KULAYIDAM DESOM, KALLUR - VADAKKUMMURI VILLAGE, CHERUVALLOOR.P.O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS -------------------------- 1. VASU.T.A, THALIYAPARAMBAN HOUSE, KONOOR, KORATTY. 2. SAJEESH VASU, S/O. VASU, THALIYAPARAMBIL HOUSE, NALUKETTU.P.O. 3. UNITED INDIA INSURANCE CO. LTD., SOUTH JUNCTION, CHALAKKUDY. SMT. RAJI T. BHASKAR -R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A. No.1205 OF 2009 ............................................. Dated this the 5th day of April, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.238/2004. The claimant, an employee of a District Hospital, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.33,700/= and made the insurance company liable. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as the insurance company. The only point that requires determination is whether the claimant is to be given any compensation for permanent disability. The claimant has sustained a fracture of the elbow and the doctor had issued a disability certificate showing 20% limb disability and 8% permanent disability. The tribunal did not accept the same but granted a sum of Rs.5,000/= towards loss of amenities. 3. When a person sustains injury on the hand and as it is revealed from the disability certificate that there is : 2 : M.A.C.A. No.1205 OF 2009 limitation of movements for the person, I feel a minimum disability of 6% can be taken in this matter. Till the age of 55, there will not be any loss of earnings and that has been compensated by giving award under loss of amenities and enjoyment in life. After the retirement when the disability is taken at 6%, income at Rs.2,000/= and multiplier of 9 as held in Sarla Verma v. Delhi Transport Corporation( 2009 ACJ 1298) is used, the disability compensation would come to Rs.12,960/= which is rounded as Rs.13,000/=. I feel that this amount can be awarded as loss of additional compensation. On all other heads the tribunal has awarded proper compensation. 4. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.13,000/= with 7% interest from the date of petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A. No.1205 OF 2009 : 4 : M.A.C.A. No.1205 OF 2009