IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 7 of 2009() ------------------------------ OPMV.1077/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/CLAIMANT --------------------------------- K. DURAIRAJ, S/O. BALAKRISHNAN, RESIDING AT 116 ANNAI ILLAM, GANDHI NAGAR, PATTUKKOTTAIR, THANJAVOOR DISTRICT, TAMILNADU. BY ADV. MR.V.V.SURENDRAN MR.P.A.HARISH RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. JOHN VARGHESE, S/O. GEEVARGHESE, RESIDING AT VELAMANNIL HOUSE, KODAMUZHIKKUNNU.P.O, NELLIKODE, THALASSERY, KANNUR DISTRICT. 2. THE UNITED INDIA INSURANCE COMPANY, 2ND FLOOR, SEEMA TOWERS, MAVOOR ROAD JUNCTION, CALICUT. R1 BY ADV. MR.SHYAM PADMAN, MR.A.RANJITH NARAYANAN. R2 BY ADV. SMT.R.REMA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 7 OF 2009 = = = = = = = = = = = = = = = Dated this the 17th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Additional Motor Accidents Claims Tribunal, Kozhikode in O.P. (MV)1077/01. The claimant, a coolie by profession, aged 45 years while walking along the road was hit by a motorcycle resulting in injuries to him. The Tribunal on a consideration of the entire materials granted him a compensation of Rs.28,500/- with 8% interest. It is against that decision the claimant has come up in appeal for enhancement of the compensation. 2. Heard the learned counsel for the claimant as well as the insurance company. The counsel appearing for the parties had made available before me the treatment records as well as the disability certificate issued in this case. It can be seen that the claimant was admitted in the medical college hospital, Kozhikode and he had blunt injury on the abdomen and haemoperitoneum and fracture of the ribs. M.A.C.A. 7 OF 2009 -:2:- The treatment records would show that there was a burst on the abdomen, his jejunum section had difficulties. Gangrenous jejunum of 20 cm. had to be done. He was admitted on 18.11.2001 and discharged on 28/11/01 that too against medical advice. It is also seen that he had suffered loss of teeth. The poor claimant is a native of Puthukottai in Tamil Nadu. He is a casual labourer. The Doctor who had issued the disability certificate had at least noted that the claimant did have a malunited fracture of 5th, 6th, 7th and 8th ribs. The Doctor observed that on account of the removal of the jejunum to a length of 20 cm. he had other difficulties and it is stated that the claimant has difficulty in breathing and that the chest expansion was only 1 c.m. There was loss of appetite and indigestion and passing frequent loose motion. The Doctor has certified permanent partial disability of 20% for chest injury and for jejunum injury another percentage of 25%. Unfortunately the doctor who had issued the disability certificate has not been examined in this case. Therefore the Tribunal did not M.A.C.A. 7 OF 2009 -:3:- get the advantage of considering the major complications. But the treatment records available and issued by the Medical College Hospital, Kozhikode shows that what is stated in the disability certificate is in consensus with the injury sustained by the claimant in the road accident. To understand the real complications which the claimant was facing he was not also examined before Court. So a little guess work alone can be done and a positive approach to the matter would reveal that there had been total problem for him on account of the malunited fracture of four ribs coupled with the removal of jejunum of a length of 20 cm, I assess a disability of 12% which shall be minimum. When it is so and the income is fixed at Rs.2,000/- per annum as done by the Tribunal, the annual loss of earnings would come to Rs.2,880/- which when multiplied by 13 would come to Rs.37,440/-. It is also to be stated that a portion of jejunum is cut and removed which has caused difficulty in the process of digestion resulting in appetite loss and also passing of frequent loose motion. An amount of Rs.6,000/- granted by M.A.C.A. 7 OF 2009 -:4:- the Tribunal for the loss of amenities and enjoyment in life is enhanced to Rs.10,000/-, i.e. an amount of Rs.4,000/- more. Thus the claimant will be entitled to an additional compensation of Rs.41,440/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.41,400/- with 8% interest on the said sum from the date of petition till realisation and the respondent, insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-