IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 MACA.No. 2038 of 2008() ----------------------- OPMV.455/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/PETITIONER ---------------------------------- RAJESH, S/O.DHAMODHARAN, AGED 28 YEARS, PUTHUSHERIL HOUSE, MOONILAVU KARA, MOONILAVU VILLAGE, CHAKANIAMTHADAM BHAGOM. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS : -------------------------- 1. RADHAKRISHNAN, S/O.JANARDHANAN, NANDHIKESHARI HOUSE, CHENNADU KARA, TOWN BHAGOM, POONJAR, THEKKEKARA VILLAGE. 2. UNITED INDIA INSURANCE CO.LTD., KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ M.A.C.A. No. 2038 OF 2008 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 09th day of December, 2008 J U D G M E N T This appeal preferred against the award of Motor Accident Claim Tribunal, Pala in O.P.(M.V.) No. 455/06. The claimant sustained injuries in the road accident and he has been awarded a compensation of Rs.44,200/- (Rupees Forty four thousand and Two hundred only). It is against that decision the claimant has come up in appeal for enhancement of compensation. 2. All the respondents are served with notice. Heard counsel for the appellant. 3. A perusal of paragraph 8 of the award would reveal that the claimant had sustained a dislocation of the right knee. He was treated with closed reduction and external fixation. He was inpatient in the hospital for 12 days, He had expended an amount of Rs.17,700/- for medical expenses. He had also produced disability certificate for perusal. But the tribunal did not accept it on the ground that the doctor was not examined and it was not proved. Being a fitter, but still continues to be in employment, the disability compensation on loss of earning, even if to be calculated can be only done, after 60 years since MACA 2038/08 : 2 : he will continue employment till sixty years. In the absence of any evidence, I fix the the percentage of disability at 5 %. If his income is taken income at Rs.24,000/- per annum and apply a multiplier of 5 the claimant will be entitled for permanent disability compensation at Rs.6,000/- (Rupees Six thousand only). When a person sustains a dislocation of the knee which requires correction by external fixation, it is certain that he would have suffered excruciating pain, and therefore I enhance the pain and suffering compensation by Rs.4,000/- (Rupees Four thousand only). Considering the nature of the job, as a fitter, I award further a sum of Rs.2,000/- (Rupees Two thousand only) towards loss of amenities. Therefore, the claimant is entitled to additional compensation of Rs.12,000/- (Rupees Twelve thousand only). 4. In the result: M.A.C.A. is partly allowed and the claimant is awarded additional compensation of Rs.12,000/- (Rupees Twelve thousand only) with 7.5% interest on the said sum from the date of petition till the realisation and the insurance company is directed to deposit the said sum within a period of 60 days from the date of receipt of the copy of this judgment. (M.N. KRISHANAN, JUDGE) KMD