High Court Kerala High Court

Antony vs Jayaraj on 3 February, 2009

Kerala High Court
Antony vs Jayaraj on 3 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2357 of 2008()


1. ANTONY S/O. JOSEPH AGED 42,
                      ...  Petitioner

                        Vs



1. JAYARAJ S/O. KARAPPASWAY, GOVERNMENT OF
                       ...       Respondent

2. BABU S/O. ITTOOP, MALPAN HOUSE,

3. THE MANAGER ORIENTAL INSURANCE COMPANY

                For Petitioner  :SRI.T.N.MANOJ

                For Respondent  :SRI.ANANDARAJAN.N

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :03/02/2009

 O R D E R
                         M.N. KRISHNAN, J
                         -----------------------
                    M.A.C.A.No. 2357 OF 2008
                    ---------------------------------
               Dated this the 3rd day of February, 2009


                              JUDGMENT

This appeal is preferred against the award of the Motor

Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1170/2003.

The claimant, a 42 year old man, sustained injuries in a road

accident and the tribunal has awarded a compensation of

Rs. 46,350/- with a direction to the Oriental Insurance Company to

deposit the amount. Above Rs. 20,000/- is covered by medical bills

alone. The learned counsel had argued before me that the tribunal

had gone wrong in not fixing the disability in spite of certificate

being produced. The tribunal declined to accept the disability

certificate on the ground that it has not been issued by a medical

board. Such an approach is not proper in all cases. A perusal of

the certificate would reveal that the claimant had a Grade II open

fracture of both bones of the right forearm. He had internal

fixation. It is stated that he has partial ankylosis at the right wrist,

partial ankylosis on the ulna joint and limitation of movement and

wasting of right forearm muscles. Certainly when there is such

handicap, there will be disability, especially when one is engaged in

M.A.C.A.No. 2357/2008
-2-

manual work. I feel it is a fit case where one can take 5% disability

to award compensation. When the income is fixed at Rs. 2,000/-,

the disability at 5% and multiplier of 15, the disability compensation

would come to Rs. 18,000/-, out of which Rs. 6,000/- has already

been awarded. When it is deducted, the claimant will be entitled to

an additional compensation of Rs. 12,000/-.

In the result, the M.A.C.A is partly allowed and the claimant is

awarded an additional compensation of Rs. 12,000/- with 7%

interest on the said sum from the date of petition till realisation.

The Oriental Insurance Company is directed to deposit the same

within a period of 60 days from the date of receipt of copy of the

judgment.

M.N. KRISHNAN,JUDGE
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