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
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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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