IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 MACA.No. 2363 of 2007(G) ----------------------------------- OPMV.907/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ------------------------------- FRANCIS XAVIOR @ EARNEST, VELIMPARAMBIL VEEDU, ARATTUVAZHY P.O., KALAPURACKAL, KOMMADY, ALAPPUZHA. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS: RESPONDNETS ------------------------------------ * 1. SUKUMARAN, SUB INSPECTOR OF POLICE, CHAVARA, KOLLAM. 2. N.VIJAYAN PILLAI, MANAGING PARTNER, M/S.NARAYANAN & CO.LTD.,KOTTACKAKAM, CHAVARA, KARUNAGAPPALLY, KOLLAM. 3. VIJU JACOB DAVID, S/O.DAVID, MANALIL PARAMBIL, ANAPARAMBIL NORTH P.O., THALAVADY. 4. UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, MULLACKAL, ALAPPUZHA. * NAME OF R1 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 18.12.06 IN IA 2423/06 BY ADV. SMT.P.A.REZIYA FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2363 OF 2007 = = = = = = = = = = = = = = = Dated this the 28th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)907/97. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.25,250/- with 6% interest. Aggrieved by the said decision the claimant has come up in appeal. A perusal of paragraph 13 of the award would reveal that the claimant had sustained a contusion and lacerated injury over the shoulder, leg and also dislocation of the shoulder bone. He was initially treated in Pushpagiri Hospital at Thiruvalla which did not reveal any fracture. Immediately, on 1.1.96 he was admitted before the Medical College Hospital, Alappuzha and was treated as an inpatient till 5.1.96. It revealed he had a fracture on the neck of the humerus. The claimant also produced a disability certificate of 8%. But the Tribunal did not accept it on the ground that it has not been proved. As per the disability M.A.C.A. 2363 OF 2007 -:2:- certificate it is written that there is an abduction on the right shoulder and limitation of movements. He was an artist in a band troop. The Tribunal fixed his income at Rs.1,500/- which according to the appellant is not reasonable. But it has to be remembered that the accident had taken place in 1995 and an amount of Rs.1,500/- during that period appears to be only reasonable income which need not be interfered with. Some disability has to be taken in this case for the reason being an artist in a band troop who had sustained a fracture on the humerus with the dislocation of the shoulder there would be some difficulty and it may affect his day-today life. I fix the disability at 4%, the income at Rs.1,500/- and apply a multiplier of 17, then the disability compensation would come to Rs.12,240/-. I award a further some of Rs.3,000/- for loss of amenities and enjoyment in life which would make the compensation at Rs.15,240/- under those heads. The Tribunal has awarded an amount of Rs.10,000/- as disability compensation. So on deduction, it would come to Rs.5,240/-. The Tribunal has awarded M.A.C.A. 2363 OF 2007 -:3:- reasonable compensation under all other heads. Therefore, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,240/- with 6% interest on the said sum from the date of petition till realisation and the 4th 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/-