IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 MACA.No. 1760 of 2009(A) ----------------------- OPMV.840/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): PETITIONER --------------------------- ABOOTHAHIR.K.A AGED 23 YEARS, S/O. ABDUL KHADHAR, KUNDUPARAMBIL HOUSE, VADAKKANCHERRY THALASSERY.P.O. DESAMANGALAM(VIA) THRISSUR. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S)/RESPONDENT: ---------------------------------------- 1. SHEEBA.R. W/O. ,M.SULAIMAN, SHEEBA MANZIL, POTHENCODE,TRIVANDRUM. 2. SULAIMAN.M., 7/41, SHEEBA MANZIL, PULIVEEDU, POTHENCODE, TRIVANDRUM. 3. NATIONAL INSURANCE CO.LTD. DIV.NO.10, FLAT.NO.101-106,NO.1, BMC HOUSE, CONNAUGHT PLACE NEW DELHI, POLICY.NO.9751207, VALID FROM 17.03.06 TO 16.03.07. 4. ASHIK, S/O. AJAYAN, APPOOZHICHIRAYIL HOUSE, MUHAMMA, THANNERMUKKAM. (DELETED) 5. PRAMOD.J.V. S/O. J.A.CHELLAN SHAJI CPTTAGE KOTTAMELA, NEDUMANGADU, TRIVANDRUM. (DELETED) 6. THE ORIENTAL INSURANCE CO. LTD. DIVISIONAL OFFICE, NO.11, ST.MARY'S VILLA, ULLOOR TRIVANDRUM (POLICY.NO.11886/2006) (DELETED). RESPONDENTS 4, 5 AND 6 ARE DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 5.8.09 IN I.A. 2117/09. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1760 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)840/06. The claimant, a 23 year old young man claimed to be a salesman sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.26,940/-. It is against that decision the claimant has come up in appeal for enhancement. 2. Heard the learned counsel for the appellant as well as insurance company. It is the case of the appellant that the Tribunal has erred in not accepting the disability certificate as such and it has resulted in miscarriage of justice. It is also contended that the compensation awarded under other heads is also not proper. A perusal of the disability certificate would show that the claimant had sustained shortening of the right leg of 1.8 cm, a malunited fracture of the tibia and stiffness of the left ankle. It is also M.A.C.A. 1760 OF 2009 -:2:- recorded that there was a plaster cast for five months. But unfortunately except producing these documents no attempt is made to prove the document by the doctor who had issued it. But considering the factum that he had shortening of leg etc., I am inclined to increase the percentage of disability by 5% and calculate the compensation. As per the decision of the Apex Court reported in 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the appropriate multiplier for the age of 23 would be 18. So when the income is taken at Rs.2,000/- and disability at 5 and multiplier at 18, the entitlement would be Rs.21,600/- out of which Rs.12,240/- has already been awarded by the Tribunal thus making it an additional compensation of Rs.9,360/-. For pain and sufferings only an amount of Rs.6,000/- is seen granted whereas the claimant's leg had been in plaster cast for a considerable length of time for which he should have suffered lot of pain, for which I award a sum of Rs.4,000/- more. Similarly no amount is seen granted towards loss of amenities and enjoyment in life. Therefore I award a sum of M.A.C.A. 1760 OF 2009 -:3:- Rs.3,000/- under that head. Since the claimant's leg has been under plaster cast for a considerable length of time, fixing of the income at Rs.3,000/- by the Tribunal appears to be inadequate. Therefore I enhance it by another Rs.3,000/- making it a total of Rs.19,360/-. On all other grounds the award has to be sustained. Therefore the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.19,360/- with 8% from the date of petition till realisation and the respondent, National 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/-