IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 104 of 2007()
1. HASSAINAR, S/O. MYTHEEN, AGED 28 YEARS,
... Petitioner
Vs
1. T.K.SHAJI,
... Respondent
2. M.K.MATHAI,
3. THE NATIONAL INSURANCE CO. LTD.,
For Petitioner :SRI.T.V.GEORGE
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/08/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.104 OF 2007
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Dated this the 22nd day of August 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Muvattupuzha in O.P.(MV)No.1465 of 2002. The claimant
a 24 year old businessman sustained injuries in a road accident. He had
suffered fracture of the fibula, lacerated injury on the right forearm and he
had oedema and tenderness over lower 3rd of right leg including right
ankle. He was treated in the hospital as an inpatient for a period of 15 days.
He has taken a disability of 8%. The Tribunal has awarded a reasonable
compensation under almost all heads, but did not consider the disability
on the ground that being a businessman he may not have any loss of earning
power. Such an approach is not proper. When the Doctor has certified
partial permanent disability at 8%, it is only proper to take 5% disability for
the purpose of calculating the compensation. If the income is fixed at
Rs.18,000/- as done by the Tribunal per annum, the annual loss would
come to Rs.900/- which when multiplied by 17, the compensation would
be Rs.15,300/-. The Tribunal has awarded a global amount of Rs.10,000/-
MACA 104/2007 -:2:-
under that head which means that he is entitled to get an additional amount
of Rs.5,300/-.
Therefore MACA is partly allowed and the claimant is awarded an
additional compensation of Rs.5,300/- with 6% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-