IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 2328 of 2009() -------------------------------- OPMV.1153/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ K.K.SURESH, S/O. KUTTAPPAN, KOTTAMTHOTTIL HOUSE, S.M.NAGAR, EDAKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. MR.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. BIJOY A.J., AYAKKADAN HOUSE, PADIYOOR P.O., VALAVANANGADI, KERALA. 2. JAYALAL, S/O. SANKARAN, AAKLIPARAMBIL HOUSE, VALLIVATTOM, BRALAM DESOM, VALLIVATTOM P.O., THRISSUR DISTRICT. 3. THE NEW INDIA ASSURANCE CO. LTD., 312, VELLANIKKARAN BUILDING, MAIN ROAD, IRINJALAKUDA. R3 BY ADV. MR.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2328 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.1153/2004. The claimant, a 36 year old painter by profession, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.29,200/=. Dissatisfied with the same, he has come up in appeal. 2. A perusal of the documents available would reveal that the claimant had sustained fracture of both the bones of the leg and he was admitted in the Medical College Hospital, Trichur on 26.5.2004 and discharged on 28.5.2004 with a direction to attend a local hospital and at the time of discharge, A.K slab was applied on the leg of the person. 3. The short point which is argued before me is that the tribunal has totally excluded the disability certificate produced on the ground that it has not been proved. I had perused the disability certificate, a copy of which is made available before me, and the disability certificate indicates : 2 : M.A.C.A.No.2328 OF 2009 that the claimant had malunion of tibia and fibula with valus deformity and there was swelling on the left ankle. The doctor certified the disability at 10%. In these type of cases care should be given to examine the claimant and the doctor so that the tribunal may be able to know the real position with respect to the disability of the person. Since fracture is of both the bones of the leg and the doctor has noted it as malunion of tibia and fibula with valus deformity, I do not find any difficulty in accepting the disability at least at 4% and calculate the compensation. When it is done with the income of Rs.2,000/= and a multiplier of 16, the total disability compensation would come to Rs.15,360/= and along with that I award Rs.3,000/= towards loss of amenities by making a total compensation of Rs.18,360/- out of which Rs.7,000/= has been awarded for discomfort and loss of amenities. So, the additional compensation would come to Rs.11,360/=. It is seen from the disability certificate that plaster cast was applied for 4 months, for which I award Rs.2,000/=more towards one month's loss of earnings. Thus the claimant is entitled to have an additional compensation : 3 : M.A.C.A.No.2328 OF 2009 of Rs.13,360/=. Under all other heads the tribunal has properly compensated. 4. In the result, the MACA is disposed of by awarding an additional compensation of Rs.13,360/= with 7% interest from the date of 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.2328 OF 2009 M.N. KRISHNAN, JUDGE cl : 5 : M.A.C.A.No.2328 OF 2009