IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 M.A.C.A.No. 1932 of 2006(C) ----------------------- OPMV.92/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT-PETITIONER ------------------------------------- BIJU, S/O.THANKAPPAN, CHALANATTU HOUSE, UPPUTHODU KARA, SANTHIGRAM P.O., UPPUTHODU VILLAGE BY ADVS. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS- RESPONDENTS --------------------------------------------- 1. K.T.ANIL, KATTYAMALA HOUSE, VAZHATHOPPE, IDUKKI COLONY P.O. 2. THE UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, MUVATTUPUZHA. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ---------------------- M.A.C.A. No. 1932 OF 2006 ------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Tirur in O.P.(MV)No. 92/2003. The appellant, a 25 year old young man, sustained fracture in a road accident. He had an open fracture of the tibia. Initially he was treated as inpatient for 22 days and subsequently for 4 and 3 days respectively. He had produced disability at 15% which the Tribunal took it as 8 % and awarded total compensation of Rs. 60,000/-. It is against that decision the present appeal is preferred. 2. The learned counsel very strongly contends before me that the Tribunal was not justified in reducing the percentage of permanent disability from 15% to 8%. I am conscious of the fact that a certificate issued by a medical board is entitled to weight. But in all cases it need not be accepted in toto. The learned counsel in fairness made available before me the disability certificate issued. I had seen that certificate, wherein it is stated that the fracture is united well and there is a shortening of leg by 1 c.m and there after disability has been fixed at 15%. Considering the nature of the fracture, that is to the M.A.C.A.No. 1932/2006 2 tibia and in the absence of so many complications which is not seen from the disability certificate, I feel it will be just if 10% disability is taken. When 10% disability is taken and income at Rs. 2,000/- for the additional 2%, the amount would come to Rs. 480/- which when multiplied by 17 would be come to Rs. 8,160/-. Similarly since he was under plaster cast for a long period I grant Rs. 2,000/- for actual loss of earning power. Certainly this young man on account of the fracture would have suffered loss of amenities and enjoyment in life. Especially considering the age, I award another amount of Rs. 3,000/- Thus he will entitled to an additional compensation of Rs. 13,160/-. The learned counsel also prays for increasing the interest with respect of the amount already awarded. I do not want to interfere with. But for the additional amount 7% interest is granted. Therefore the M.A.C.A. is partly allowed and the claimant is awarded an additional compensation of Rs. 13,160/- with 7% interest on the said sum from the date of petition till realisation. The respondent Insurance Company is directed to deposit the amount within 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE. vkm