IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 999 of 2005() -------------------------------- OPMV.1166/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- K.V.RAJENDRA PRASAD, S/O.K.C.VELAYUDHAN, KUNUMPURATHU, CHANGANACHERRY. BY ADV. SRI.V.B.PREMACHANDRAN SRI.P.K.SIVADASAN NAIR SRI.K.N.GOVINDANKUTTY MENON SRI.S.MADHAVAN NAIR RESPONDENTS: RESPONDENT -------------------------------------------- 1. GENERAL MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. 2. ALEXANDER THOMAS, PURACKAL HOUSE, PALLOM P.O., KOTTAYAM. BY ADV. SRI.JOHN P.JOHN SC, KSRTC - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.999 OF 2005 ===================== Dated this the 25th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)No.1166 of 1997. The claimant, aged 32 years, a goldsmith by profession, sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.9,000/-. It is against that decision the present appeal is preferred. 2. Heard the learned counsel for the appellant and the learned counsel for the K.S.R.T.C. The learned counsel for the appellant had made available before me the original of the discharge card issued by the Medical College Hospital and also a medical certificate showing 7% disability. The Tribunal cannot be found fault with for the reason that these documents were not produced before the Tribunal. Since the documents are original and as a remand will further consume time, I had perused those documents with the assistance of both the counsel and I proceed to dispose of the matter. 3. It can be seen from the original of the discharge card that the claimant sustained a fracture of the scaphoid right wrist and there were also MACA 999/2005 -:2:- injuries on the knee. Initially he was treated in the hospital from 27.11.1996 to 13.12.1996. Thereafter he again visited the hospital on 3.1.1997 and he was readmitted for a period of 14 days from 4.1.1997 to 18.1.1997 for skin grafting on left lower limb. The medical certificate issued would reveal that there was a total temporary disability for a period of six months. The Doctor also certified that there is weakness of the grip of the right hand and assessed the disability at 7%. The fact that he was injured and was unable to do any work for six months is proved from the documents. For 3 months loss of earning an additional compensation of Rs.4,500/- is granted. The factum that he was in the hospital for almost 32 days is also proved by the documents here and for pain and suffering only an amount of Rs.5,000/- is seen awarded. I enhance it by another Rs.5,000/-. For the purpose of calculating the disability I accept the certificate to an extent of 4% and when the annual income is taken as Rs.18,000/- the loss of earning power would come to Rs.720/- per annum by multiplying it by 17 it will come to Rs.12,240/-. Therefore the claimant will be entitled to an additional compensation of Rs.21,740/-. Therefore MACA is partly allowed and the claimant is entitled to an additional compensation of Rs.21,740/- with 7% interest on the said sum from the date of petition till realisation. The KSRTC is directed to deposit MACA 999/2005 -:3:- the amount within 90 days from the date of receipt of a copy of this judgment. M.N.KRISHNAN, JUDGE Cdp/-