IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 318 of 2010() -------------------------------- OPMV.922/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER IN OPMV ------------------------------------------------------ SUNEESHKUMAR, S/O.KUTTAN, UTHARAPILLY HOUSE, ELINJIPARA DESOM, PARIYARAM VILLAGE, ELINJIPRA PO, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV --------------------------------------------------------------- 1. ABBAS, S/O.MOIDU HAJI, THARAYIL AKAYIL HOUSE, AKALAD PO,THRISSUR. 2. SHIYAS, S/O.KASIM, KOCHUPARAMBHIL HOUSE, KUTTIPOKKAM PO, KIZHAKKE CHALAKUDY. 3. NATIONAL INSURANCAE CO.LTD, GURUVAYOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 318 OF 2010 = = = = = = = = = = = = = = = Dated this the 13th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)922/06. The claimant, a 22 year old rice merchant by profession, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.49,000/- with 7% interest and out of this amount Rs.23,300/- represents medical expenses. A perusal of the award would reveal that the claimant was an inpatient for 17 days. He had multiple lacerations over the right maxillary region, lacerated wound over the right leg with deformity and he was diagnosed as a case of type III open fracture on both bones of the right leg. He continued his outpatient treatment upto 19.4.06. He had produced a disability certificate for 10%. The Court did not accept the same. But the Court M.A.C.A. 318 OF 2010 -:2:- also knows that there is a mark on his right leg and there is slight projection over the knee and above the knee. So when there is a projection of a bone on an young man certainly it may be on account of the malunion or other cause. The doctor who had examined him had issued a disability certificate which would reveal that there is a limitation of movement and also partial ankylosis. There is some weakness of doresflexion and further there was tenderness at the fracture site. According to the doctor this will make climbing up and down difficult and prolonged walking also will be difficult. So these types of injuries will certainly cause some disability to a person and therefore on an approximate guess I fix it 4% in this case. When the income is taken at Rs.2,000/- and the disability at 4% and a multiplier of 18 as per Sarala Varma's case 2009 ACJ 1298(Sarala Varma v. Delhi Transport Corporation) the disability compensation would come to Rs.17,280/-. I award a M.A.C.A. 318 OF 2010 -:3:- further sum of Rs.2,220/- towards actual loss of earning for the reason that the Tribunal itself has found that he had undergone treatment for a period of four months. therefore the claimant is entitled to an additional compensation of Rs.20,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.20,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-