IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 928 of 2006() --------------------------------- OPMV.3006/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/PETITIONER: ------------------------------------- HUSSAINKUTTY, S/O.MAMATHU, PANICKAVEETTIL @ SUHAZ MANZIL HOUSE, THALIKKADU VILLAGE, CHOWALLOORPADI DESOM, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN SRI.VIMAL KUMAR.A.V. RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. ANIL.P.N., S/O.NARAYANAN, PONNARASSERY HOUSE, P.O.ANAIKAL, PORKALANGADU, THRISSUR DISTRICT. 2. M/S.NEW INDIA ASSURANCE CO.LTD., ANUGRAHA BUILDING, WADAKKANCHERI ROAD, KUNNAMKULAM. ADV. SRI.LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.928 OF 2006 ===================== Dated this the 7th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No. 3006 of 2000. The claimant, who was running a hotel, sustained injuries in a road accident, which caused him fracture of the patella. He was treated in the hospital as an inpatient and the Tribunal granted him Rs.33,853/-. It is against that decision, the claimant has come up in appeal for enhancement. 2. Heard the counsel on both sides. The main grievance is that the Tribunal totally ignored Ext.A6 certificate which indicates that he had suffered a disability of 10%. Learned counsel for the appellant made available before me for perusal a copy of the certificate. It is true that 10% disability is noted there, but absolutely no basis in that certificate how the 10% has been calculated. But, it is a fact that the man aged 65 years had sustained fracture of the pattela, certainly that would cause him disability. Already the bones have started degenerating. Therefore, I fix the disability at 5%. The Tribunal has fixed his income at Rs.2,000/-. When an annual MACA 928/2006 -:2:- loss would come to Rs.1,500/- which when multiplied by 5, the claimant is entitled to a compensation for disability at Rs.6,000/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.6,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the amount within 60 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-