IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 536 of 2007() --------------------------------- (O.P.MV NO.683/2001 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR) APPELLANT/PETITIONER ------------------------------------- P.R.SANJAYAKUMAR, S/O RAMAKRISHNAN, PULINKUZHI HOUSE, AVINISSERY P.O., THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. RAJAN, S/O DAMODARA, NELLIPARAMIL HOUSE, CHIYYARAM, THRISSUR. 2. UNITED INDIA INSRANCE CO. LTD., REP. BY DIVISIONAL MANAGER, DIVISIONAL OFFICE, THRISSUR. ADV. SRI.P.MURALEEDHARAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 536 OF 2007 --------------------- Dated this the 23rd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 683/01. The Tribunal awarded a compensation of Rs.82,720/-. Dissatisfied with the same, the claimant has come up in appeal. 2. The claimant, aged 29 years a goldsmith by profession, had sustained injuries in a road accident and the Doctor who issued disability certificate has noted that the petitioner is at present having excessive lacrimation from right eye, disfiguration of face with blocking of right nostril. It is also stated that the petitioner is having limitation of movements of left shoulder. The Tribunal did not accept the disability certificate as such but came to the conclusion that there is a disability and accepted it at 6%. 2. Learned counsel would contend that a young man who had suffered lacrimation from right eye, disfiguration of face with blocking of right nostril and above all limitation of movements in the clavicle, it is true that the Doctor has not fixed the disability in MACA No.536/07 2 accordance with the injury sustained but has given a generic certificate. Even if the persuasive argument of the learned counsel is accepted, I cannot fix the disability for more than 8%. So when it is calculated at the rate of 8% disability, the claimant will be entitled to an additional compensation of Rs.8,640/-. The Tribunal has awarded a reasonable amount under all other heads. In the result, the MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.8,640/- with 7 % 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.536/07 3