High Court Kerala High Court

The Oriental Insurance Company vs Manoj on 11 November, 2009

Kerala High Court
The Oriental Insurance Company vs Manoj on 11 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 839 of 2009()


1. THE ORIENTAL INSURANCE COMPANY
                      ...  Petitioner

                        Vs



1. MANOJ, S/O. CHELLAPPAN, PUTHIYAPARAMBIL
                       ...       Respondent

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.P.V.ELIAS

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

 Dated :11/11/2009

 O R D E R
                      M.N. KRISHNAN, J.
                = = = = = = = = = = = = = =
                  M.A.C.A. NO. 839 OF 2009
              = = = = = = = = = = = = = = =
       Dated this the 11th day of November, 2009.

                      J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, North Paravur in O.P.(MV)318/04.

The claimant sustained injuries in a road accident and he

has been awarded a compensation of Rs.78,720/-. It is

against that decision the insurance company has come up in

appeal challenging the quantum of compensation.

2. Learned senior counsel is fully justified in making

his submission regarding the quantum that is seen awarded

in this case. It is true that the claimant who is a carpenter

by profession had sustained a fracture on the lateral tibial

condyle and a comminuted fracture on the middle phalanx of

the little finger. He was treated as an inpatient for 8 days in

March, 2004 and for three days in November, 2006. The

Tribunal awarded a liberal compensation of Rs.15,000/- for

pain and sufferings, Rs.6,000/- for loss of earnings,

Rs.22,000/- towards medical expenses, Rs.5,000/- towards

M.A.C.A. 839 OF 2009
-:2:-

loss of amenities and also Rs.30,720/- for his disability. I feel

there was no basis before the Tribunal to fix the percentage

of disability. But it is always a common practice when there

is a disability seen the Tribunal fix it so as to avoid

unnecessary protraction of the litigation. But here the

fracture is on the lateral condyle of the tibia and also phalanx

of the finger. There is nothing before the Court to show that

the fractures are malunited or it has caused deformity or in

what way it has affected really the person. Since he is a

carpenter by profession a fracture on the tibia coupled with

the fracture on the finger will have some impact on him at

least for a fair length of time. Therefore I feel in the fitness

of things the disability can be fixed by making a maximum

disability of 4%. When the income is Rs.2,000/- and the

disability is at 4% and further as per the decision of the Apex

Court in 2009 ACJ 1298(Sarala Varma v. Delhi

Transport Corporation) the multiplier is to be taken is 16.

The disability compensation would come to Rs.960/- per

annum which when multiplied by 16 would make it as

M.A.C.A. 839 OF 2009
-:3:-

Rs.14,460/-. An amount of Rs.30,720/- is already awarded.

Therefore it would be Rs.16,260/- which has to be deducted

from the total compensation of Rs.78,720/-. That would

come to Rs.62,460/-. In the result the MACA is partly

allowed and a modified award is passed as follows.

3. The claimant is awarded a compensation of

Rs.62,460/- with 7% interest on the said sum from

respondents 1 to 3 jointly and severally from the date of

petition till realisation and the 3rd respondent, 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. The other directions given by the Tribunal

regarding the disbursement etc. shall stand.

M.N. KRISHNAN, JUDGE.

ul/-