IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2909 of 2009()
1. JOSE JOSEPH AGE 68 YEARS
... Petitioner
Vs
1. MRIDDEN MENON, S/O. DAMODARA MENON,
... Respondent
2. MAHESH MENON G.A. REGENCY PARK, NO.24,
3. UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.SHEJI P.ABRAHAM
For Respondent :SRI.G.SREEKUMAR (CHELUR)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2909 OF 2009
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Dated this the 25th day of February, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ottapalam in O.P.(MV)1015/06.
The claimant, a 68 year old head load worker in a paper
company sustained injuries in a road accident and the
Tribunal has awarded a compensation of Rs.58,900/- out of
which Rs.25,150/- represents medical expenses alone. The
insurance company was directed to pay the amount.
Aggrieved by that decision the claimant has come up in
appeal for enhancement.
2. Heard the learned counsel for the appellant and
others. The point mainly canvassed before me is regarding
the disability. The Tribunal has taken only 5% disability. I
had the opportunity to peruse the disability certificate
produced in this case. It is issued by an Assistant Professor
of Orthopedics attached to the Medical College Hospital,
Thrissur. It revealed that the claimant had sustained a
M.A.C.A. 2909 OF 2009
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fracture on the femur with lack of blood supply therein. The
fracture was malunited and there is difficulty for him in his
hip movement as well. It is also stated that there is a
shortening of limb by 2.4 cm. and temporary disability is
there for a long time and sustained a permanent disability of
13%. The person is aged 68 years, his nature of work is
that of a head load worker. The injuries sustained is a
fracture on the femur with malunion and also reduction of
blood supply which will certainly affect his working capacity
and there is also shortening of the limb. Considering the age
of 68 I am inclined to fix the disability at 10% and calculate
the compensation. When it is taken as 10% the disability
compensation has to be enhanced by Rs.6,000/-. The
disability certificate would show that there was temporary
disability for about 8 months but at least a compensation for
6 months can be granted for the same when it is done the
additional compensation would come to Rs.4,000/-.
Similarly at the age of 68 when a man sustains fracture with
malunion and lack of blood supply certainly it will affect his
M.A.C.A. 2909 OF 2009
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day-today activities of life and therefore towards loss of
amenities and enjoyment in life also I enhance the
compensation by Rs.2,000/-. Thus the claimant will be
entitled to an additional compensation of Rs.12,000/-.
3. In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.12,000/- with 8% 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/-