IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 MACA.No. 2993 of 2009() ------------------------------ OPMV.445/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER --------------------------------- RAJU.K.V, S/O.VASU, KORATTY HOUSE, EDATHIRUTHY P.O, THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENT(S): DEFENDANTS ------------------------------------ 1. SIVADAS, S/O.RAMACHANDRAN, AYYAPPANPARAMBIL HOUSE, MULANGUNNATHU KAVU.P.O, THRISSUR DISTRICT. 2. AJAYAKUMAR, S/O.KUNJITTY, PANATHIL HOUSE, KUMBALAPARAMBU DESOM, EDATHIRUTHY VILLAGE, THRISSUR DISTRICT. 3. THE MANAGER, NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, MALIEKKAL BUILDING, MAIN ROAD, IRINJALAKUDA, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N.KRISHNAN, J ---------------------------- M.A.C.A.2993 OF 2009 ----------------------------------- Dated this the 30th day of November, 2010 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Iiringalakuda in OP(MV) No.445 of 2004. The claimant a 32 year old man sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.46,100/- which takes in Rs.23,400/- as medical expenses. The claimant dis-satisfied with the amount and has come up in appeal for enhancement. The learned counsel for the appellant would submit before me that the claimant is a toddy tapper by profession and the injury on the patella has affected him and the Tribunal did not accept the disability certificate and that resulted in injustice to him. I had also perused para 6 of the award which makes it clear that he had a fracture of the right patella with repture of pattellartendon. He was an inpatient in the hospital for 12 days. Though a disability certificate of 9% permanent disability was produced, but the disability was not proved and the tribunal also observed that the conditions of the claimant was noticed in open Court. When a person sustains fracture of right patella with fracture of pattellartendon superficial reference by a Tribunal may not be sufficient at all for arriving at the the point that there is no disability. M.A.C.A.2993 OF 2009 2 Therefore, when a 32 year old man who is a toddy tapper by profession sustained injuries on the knee and as the movement of the knee is absolutely necessary for carrying out his work. The Tribunal should have taken in to consideration take at least some disability for the same. Further the income taken also is too low and I fix at Rs.3,000/- instead of Rs.2,000/-. So when the income is taken Rs.3,000/- per month and multiplier of 16 is used as per Saralavarma's case (2009 ACJ 1298 Saralavarma v Delhi Transport Corporation) at the disability of 4%, the disability compensation would come to Rs.23,040/-. I enhance the actual loss of earnings by two thousand and thereby entitling the claimant to have an additional compensation of Rs.25,000/-. On all other heads the amounts are retained. In the result, MACA is partly allowed and the claimant is awarded a sum of Rs.25,000/- as additional compensation with 7% interest on the said sum 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. M.N.KRISHNAN,JUDGE pm