Dissatisfied with the amount of compensation granted in the award dated 30.3.2013 O.P.(M.V.) No.774 of 2007 by the Motor Accidents Claims Tribunal, Thodupuzha, the petitioner has come up in appeal. 2. Admittedly, the appellant was a pillion rider, who suffered a motor accident, whereby he sustained injuries including deformity of right joint below right knee. X-ray revealed epi physical injury on the right proximal tibia and type II post lateral displacement. The appellant was a student aged 16 years. He had undergone treatment as inpatient as well as outpatient. POP slab was applied. Even after treatment, the deformity could not be cured and thereby he sustained a disability of 12%. The Tribunal has considered the multiplier as 15 and further considered the disability as only 5%.
3. Heard the learned counsel for the appellant, Shri C.M.Tomy and the learned counsel for the second respondent, Smt.M.Hemalatha.
4. It seems that Ext.A9 disability certificate issued by the Medical Board, constituted by the Taluk Head Quarters Hospital, Thodupuzha, was produced and by merely assigning the reason that the concerned Doctor was not examined, the Tribunal had chosen to consider the disability as only 5%. No reasons have been mentioned as to why the disability was considered as 5% by the Tribunal.
5. Considering the seriousness of the injuries, there is no room for doubt that the disability will be more than 5%. There is no reason to discard Ext.A9 issued by the Medical Board and therefore, the Tribunal ought to have considered the disability as 12%. The Tribunal has rightly considered the income of the appellant as `15,000/- per annum. The proper multiplier to be applied is 18. Therefore, the appellant is entitled to get an amount of `32,400/- as compensation towards permanent disability. Regarding the other heads, under which compensation has been fixed by the Tribunal, this court is of the view that the same do not call for any interference at all. The Tribunal has granted an amount of `11,250/- towards disability by considering it as loss of earnings. Therefore, the appellant is entitled to get an additional amount of `21,150/- as compensation with interest at the rate of 7.5% per annum from the date of petition till the date of payment.
In the result, this M.A.C.A. is allowed and an additional compensation of `21,150/- is granted as compensation to the appellant over and above the amount fixed by the Tribunal in the impugned award, with interest at the rate of 7.5% per annum. The second respondent shall pay the amount within two months.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge