IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 1908 of 2006(C) --------------------------------- OPMV.815/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA . ................... APPELLANT/PETITIONER : -------------------------------- PAUL, S/O.THOMAS, ATHIRAKULANGARA HOUSE, VETTIKUZHAKAVALA, KATTAPPANA P.O. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS : --------------------------------------- 1. AUGUSTINE GEORGE, VAZHAPARAMBIL HOUSE, VELLAYAMKUDY P.O., KATTAPPANA. 2. UNITED INDIA INSURANCE CO.LTD., MUVATTUPUZHA. ADV. SRI.A.R.GEORGE - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1908 OF 2006 --------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 815/02. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.30,820/-. Aggrieved by that decision, the claimant has come up in appeal for enhancement of compensation. 2. Learned counsel for the appellant had made available before me the treatment records including the disability certificate. The claimant had sustained a fracture of the tibial condyle right knee with a ligament injury of the left knee. The disability certificate would reveal that there is limitation of movements of the knee and there is development of secondary ostreoarthritis. The Tribunal took the income of the claimant at Rs.2,000/- for the purpose of calculating the actual loss of earning but took only at the rate of Rs.1,500/- for fixing the disability compensation. 3. A perusal of the treatment records would reveal that on account of the fracture, the claimant had been forced to take rest for a period of four months. He would have been prevented from doing any work during that period. If it is so, he is entitled to a compensation of Rs.8,000/- for actual loss of earning. If Rs.2,000/- is deducted, he will be entitled to an additional compensation of Rs.6,000/-. The disability MACA No. 1908/06 2 certificate only shows some limitation in the movements and therefore I cannot find fault with the Tribunal for not accepting the disability certificate as such. But the Tribunal should have accepted the income at Rs.2,000/- and calculated the compensation. When the income is taken as Rs.24,000/- per annum and 5% disability is calculated, the annual loss of earning would come to Rs.1,200/- which when multiplied by 15 would come to Rs.18,000/-. The Tribunal has already granted Rs.13,500/- under that head. Thus the claimant will be entitled to a balance compensation of Rs. 4,500/-. Thus, the claimant will be entitled to an additional compensation of Rs.10,500/- In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.10,500/- 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. 1908/06 3