IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No. 1739 of 2006() ----------------------- MVOP.394/1999 of MACT, IRINJALAKUDA .................... APPELLANT/PETITIONER ------------------------------------- MANI, S/O.VELAYUDHAN, ITTIYADAN HOUSE, RAPPAL DESOM, PARAPPUKKARA VILLAGE, THRISSUR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: ------------- 1. HRISHIKESAN.K.H., S/O.K.P.HRISHIDESAN, KAPLANGATTU MANA, NERUVASSERY, ARATTUPUZHA P.O., THRISSUR. 2. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, IST FLOOR, MALIEKAL BUILDING, MAIN ROAD, IRINJALAKUDA, THRISSUR. BY ADV. SRI.JOE KALLIATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------------------------------- M.A.C.A No.1739 of 2006 ---------------------------------------------- Dated 11th June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakkuda in M.V.O.P. No.394/1999. The appellant/claimant, a goldsmith by profession, aged 19 years sustained injuries in a road accident, and according to him, he had sustained loss of vision of the left eye. It is also seen from the nature of the injuries that he had optic nerve damage coupled with a lacerated wound on the left eyebrow. The Doctor who examined him had given a disability certificate, showing the percentage of disability between 20 to 30%. It can be seen that his vision of the right eye is 6/6 and that of the left eye is 6/24, which necessarily indicates that he had lost a considerable portion of the vision of the left eye. Unfortunately, the Doctor is not specific about the real percentage of disability and it is also not certified really what is the percentage of disability that has to be taken into consideration for fixing the loss of earning capacity. Whatever it is, ¾ of the vision of the left eye of the appellant is materially affected on account of the optical MACA NO. 1739/2006 2 nerve injury, which can be accepted and has to be accepted. It is very difficult in these type of cases to fix the exact percentage of disability for calculating the compensation. The percentage of loss of earning capacity is normally worked out, not based on the percentage of loss of vision in an eye, but taking into consideration the vision of both eyes and how it will affect, on account of the larger strain one has to exert in one eye due to the lack of vision of the other eye. Therefore, it is only possible for this court to fix a reasonable percentage of permanent disability, which I feel can be fixed without any hesitation, at 15%. When it is done and compensation is calculated for the extra 5% of disability, the compensation the claimant is entitled to get will be Rs.14,400/- (18,000 x 5/100 x 16). 2. The Tribunal has only awarded a compensation of Rs.51/- for medical expenses and Rs.200/- for transport expenses. The claimant is a native of Irinjalakkuda and he was initially treated in a private hospital there and thereafter, in the Medical College Hospital, Thrissur and another private hospital. Though precisely the medical bills are not available, I feel a reasonable amount has to be awarded. Therefore, I award Rs.1,000/- towards MACA NO. 1739/2006 3 medical expenses in extra and another Rs.600/- for transport and other expenses. Therefore, the total additional compensation which the claimant is entitled to get will be Rs.16,000/- In the result, the appeal is partly allowed and the claimant is awarded an additional compensation of Rs.16,000/- with 7% interest on the said amount from the date of the petition till realization and the respondent Insurance Company is directed to deposit the said amount within 60 days from the date of receipt of a copy of the judgment. M.N.KRISHNAN, JUDGE. tgs M.N.KRISHNAN, J. ---------------------------------------------- M.A.C.A. No.1739 of 2006 ---------------------------------------------- J U D G M E N T Dated 11th June, 2008.