IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 MACA.No. 104 of 2007() ---------------------- OPMV.1465/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: -------------------------------------- HASSAINAR, S/O. MYTHEEN, AGED 28 YEARS, RESIDING AT MECHERIL HOUSE, MURIKKASSERY KARA, VATHIKUDY VILLAGE. BY ADV. SRI.T.V.GEORGE SMT.LINDA GEORGE RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. T.K.SHAJI, THETTILAMARIYIL HOUSE, KAVUMKARA KARA, VELLOORKKUNNAM VILLAGE, MUVATTUPUZHA TALUK. 2. M.K.MATHAI, METHANATHU HOUSE, PADAMUKAM KARA, VATHIKUDY VILLAGE. 3. THE NATIONAL INSURANCE CO. LTD., THODUPUZHA. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.104 OF 2007 ===================== Dated this the 22nd day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.1465 of 2002. The claimant a 24 year old businessman sustained injuries in a road accident. He had suffered fracture of the fibula, lacerated injury on the right forearm and he had oedema and tenderness over lower 3rd of right leg including right ankle. He was treated in the hospital as an inpatient for a period of 15 days. He has taken a disability of 8%. The Tribunal has awarded a reasonable compensation under almost all heads, but did not consider the disability on the ground that being a businessman he may not have any loss of earning power. Such an approach is not proper. When the Doctor has certified partial permanent disability at 8%, it is only proper to take 5% disability for the purpose of calculating the compensation. If the income is fixed at Rs.18,000/- as done by the Tribunal per annum, the annual loss would come to Rs.900/- which when multiplied by 17, the compensation would be Rs.15,300/-. The Tribunal has awarded a global amount of Rs.10,000/- MACA 104/2007 -:2:- under that head which means that he is entitled to get an additional amount of Rs.5,300/-. Therefore MACA is partly allowed and the claimant is awarded an additional compensation of Rs.5,300/- with 6% 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/-