IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 MACA.No. 2549 of 2009() ----------------------------------- OPMV.1511/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- JOSE. C.D., S/O.DEVASSY, CHULLIPARAMBIL HOUSE, PACHALIPURAM, VATTANATHARA P.O., THRISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS/DEFENDANTS --------------------------------------------- 1. DAVIS. P.P., S/O.PORINCHU, PALAMATTOM HOUSE, THRIKKOOR P.O., THRISSUR DISTRICT. 2. RADHAKRISHNAN, S/O.RAMAN, KOODATH HOUSE, THRIKKOOR VILLAGE DESOM, THRIKKOOR P.O., THRISSUR DISTRICT. 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD., PERINJERY BUILDING, ROUND NORTH, THRISSUR. R1 & R2 BY ADV. SRI.P.SANTHOSH (PODUVAL). R3 BY ADV. SRI.K.C.SANTHOSHKUMAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2549 OF 2009 ............................................. Dated this the 22nd day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1511/2004. The owner and driver are represented by the counsel. The insurance company is served. The Tribunal on an appreciation of the materials has awarded a compensation of Rs.48,600/= with 7% interest. A perusal of the award would reveal that the claimant had sustained fracture of both bones of the right leg. He was admitted on 11.9.2004 and discharged on 20.9.2004. Again he was readmitted. Ext.A5 - disability certificate was produced which shows that there was mal union of the right tibia, wasting of muscles, partial ankylosis and also shortening of 2 cm. The court found that the doctor is not examined but nevertheless was convinced about the disability and altered it by stating that 35 to 40% of 18% has to be taken to calculate the whole body disability. 2. It fixed the permanent disability at 7%. Occupation of the claimant is milking. The fracture sustained is on the : 2 : M.A.C.A.NO.2549 OF 2009 leg. There is shortening of the leg with wastage of muscles and partial ankylosis. I feel, there cannot be any difficulty to fix the disability at 10% in these type of cases taking into consideration the occupational aspect. The accident had taken place in 2004 and the claimant was aged about 48 years. So an income of Rs.2,500/= can easily be fixed and when it is done, his annual income would come to Rs.30,000/=, percentage of disability at 10% would work out to Rs.3,000/= per annum and when multiplied by 13 following the decisions reported in Sarla Verma v. Delhi Transport Corporation (2009 ACJ 1298), the disability compensation would be Rs.39,000/= out of which Rs.21,850/= is already granted. Therefore towards disability, the claimant is entitled to an additional compensation of Rs.17,150/=. The nature of injuries, length of the treatment and the sufferings undergone also tend me to award another sum of Rs.3,000/= towards pain and suffering making an additional compensation of Rs.20,150/=. 3. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of : 3 : M.A.C.A.NO.2549 OF 2009 Rs.20,150/= with 7% interest on the said sum from the date of petition till 17.10.2008 and thereafter from 16.10.2009 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. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.2549 OF 2009