Ramachandran Nair, J.
This appeal is filed by the claimant in O.P.(MV)No.415/2006 on the file of the Motor Accidents Claims Tribunal, Pala. It is a case where the appellant is aggrieved by the inadequacy of the compensation granted.
2. The accident occurred on 2.3.2006 at 2.30 p.m. at a place called Inchakavu bhagom while the appellant was riding the scooter bearing Reg.No.KL 5/Q 1941 through Melukavu-Pala road. The offending vehicle is a mini lorry bearing Reg.No.KL 17/A 9612 which came rashly and hit against the appellant's scooter and he fell down and sustained serious injuries.
3. The learned counsel for the appellant submitted that in spite of the fact that the disability has been assessed at 16%, the Tribunal has accepted only 5.6% as disability. It is further submitted that in view of the seriousness of the injuries and the adverse effect out of the disability, the amount granted towards loss of enjoyment of life is also less. As against the total claim of ` 2,50,000/-, an amount of `1,17,490/- has been granted.
4. We heard the learned counsel for the appellant and the learned Senior Counsel for the respondent Insurance Company on this aspect.
5. The appellant sustained Type III B compound fracture of both bones of right leg with dislocation, lacerated wound 3 x 4 cm. on antero-medial aspect of right leg at the junction of upper and middle third exposing protruding bone ends, pieces of bone and lacerated wound left eyelid. Initially he was admitted in the hospital for a period of ten days as evident from Ext.A11 discharge summary. The total amount claimed towards medical bill is `59,310/-which was accepted by the Tribunal.
6. What was considered by the Tribunal, while not accepting the disability certificate, is the fact that the doctor has not been examined. Then an assessment was made by the Tribunal itself probably by personally seeing the petitioner. According to the learned counsel for the appellant, it is not a correct method when the competent and professional doctors have examined the appellant and has issued the disability certificate as Ext.A6. That also by the medical board of the Taluk Headquarters Hospital, Thodupuzha. There was no reason for rejecting the same by stating that the doctor has not been examined. Therefore, we are of the view that 16% disability can be accepted.
7. It is also seen that the some amount stands deducted by the Tribunal towards personal expenses. It is also an incorrect method since this is a case of personal injury. The monthly income claimed by the appellant is ` 3,000/- which was accepted. The Tribunal has assessed the compensation in the following manner :
8. Towards permanent disability resulting in loss of earning capacity, instead of ` 24,200/-, it will be ` 97,920/- ( 3000 x 12 x 17 x 16%). In that view of the matter, we recompute the compensation in the following manner :
9. The amount will carry interest @ 9% per annum from the date of petition. There will be a direction to the Insurance Company to deposit the amount less the amount already deposited within a period of three months from the date of receipt of a copy of this judgment.
The appeal is allowed to the above extent. No cost.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.