IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 2869 of 2008() ----------------------------------- OPMV. NOS.1044/2006& 962/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: ------------------------------------ MOHANAN NAIR @ MOHAN, VALSALA BHAVAN, AYAMKUDY P.O., VAIKOM, KOTTAYAM. BY ADV. MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. THANKACHAN, KALLIRIKKUMKALAYIL PUTHUSSERY KARABHAGOM, AYAMKUDY P.O., MUTTUCHIRA VILLAGE. 2. THE ORIENTAL INSURANCE COMPANY LIMITED KOTTAYAM. R2 BY ADV. MR.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2869 OF 2008 ............................................. Dated this the 7th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kottayam in OP(MV)No.1044/2006. The claimant, a man aged 50 years working as a lineman on contract basis sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.18,700/= with 7.5% interest. Dissatisfied with the compensation awarded, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant would contend that the Tribunal erred in totally ignoring the disability certificate produced by him and the insurance company would contend that considering the nature of injury, there should not have been any disability at all. 3. I had perused the award and it is discussed in Para- 11 elaborately. The claimant had sustained a lacerated wound (8x8x2) on the anterior aspect of the left knee. He : 2 : M.A.C.A.NO.2869 OF 2008 was treated as an inpatient in the hospital from 10.8.2005 to 17.8.2005. He was advised not to move out up to 31.8.2005. One doctor Padmakumar issued Ext.A5 disability certificate. As per the disability certificate, there is quadriceps wasting on the left side and the left knee flexion is restricted to 110 degee. The doctor had fixed the disability at 7% as per the Mc Bride scale. The learned Tribunal referred to Mc Bride scale and held that when flexor of the leg is limited to 110 degree, the disability of a labourer will be 6% and the total bodily disability would be 2%. At least the Tribunal should have taken the total bodily disability to consider the compensation in stead of ignoring it and therefore, I feel that 2% disability can be safely taken in this case. It has also to be remembered that the claimant had sustained very large wound on the knee and being a lineman by profession, there will be difficulty for him for the reason that he has to do very heavy work and he may have to climb the post and draw the line for which strong leg is necessary. The income fixed by the Tribunal at Rs.2,500/- is accepted and the multiplier of 13 is adopted. : 3 : M.A.C.A.NO.2869 OF 2008 Then the disability compensation would come to Rs.7,800/-. Certainly considering the nature of injury he would not have been in a position to work for two months and therefore, I enhance Rs.2,500/= towards loss of earnings making an additional compensation of Rs.10,300= In the result, the MACA is partly allowed and the claimant is awarded Rs.10,300/= with 7.5% interest from the date of the petition 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.2869 OF 2008