IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1825 of 2005()
1. AJESH, S/O. RADHAKRISHNAN NAIR,
... Petitioner
Vs
1. BIJU KUMAR. K.S., KATTAMPILLIL HOUSE,
... Respondent
2. NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.GEORGEKUTTY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/07/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1825 OF 2005
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Dated this the 11th day of July, 2008.
J U D G M E N T
When the matter came up for admission, before that
notice had already been issued to the respondents in the
delay condonation application. They have not entered
appearance. Therefore I do not propose to issue fresh notice
again. The appeal is preferred against the award of the
Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)
38/03. The claimant sustained a fracture on the left forearm
with some deformity. He claimed to be a mechanic and the
Tribunal fixed his income at Rs.2,000/-. The main grievance
is regarding the inadequacy of compensation under the head
of permanent disability for the reason that the Tribunal did
not accept the disability certificate as such. Disability
certificate would show 12% but the Tribunal took it as only
4% and calculated the compensation. I feel a little increase
has to be there for the reason that even at the time of
admission there was deformity on account of the accident
M.A.C.A. 1825 OF 2005
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with laceration on the left forearm. Therefore I increase the
percentage of disability to 6% and when for the additional
2% the compensation is calculated the annual loss of
earnings would be Rs.480/- which when multiplied with a
proper multiplier of 16 would be Rs.7,680. On all other
heads the Tribunal has given reasonable compensation.
2. The learned counsel would submit that no amount
had been given for loss of marital prospectus. Merely
because there is a fracture one cannot jump to the
conclusion that the marriage prospectus are bleak. There is
nothing to show that he remained unmarried or has affected
his prospectus. Therefore I dispose of the MACA awarding an
amount of Rs.7,680/- as additional compensation.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.7,680/- with 7.5% 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/-